These Terms of Service (the "Profile Terms") govern your access and use of Nexus’ profile services (the "Profile Services"). By using the Profile Services, you agree to be bound by these Profile Terms, along with the Nexus Terms of Service, Privacy Policy, and any other applicable policies and agreements. These Profile Terms constitute a legally binding agreement between you and Nexus ("Nexus," "we," "us," or "our").

Your use of the Profile Services may also be subject to additional terms, including third-party service provider agreements. Your access to and use of such third-party services is at your own risk and is subject to separate terms imposed by the respective providers.

1. Overview of Profile Services:

Nexus provides digital tools and functionalities that allow users to create and customize their digital representations for self-expression. This includes but is not limited to profile pictures, digital clothing, accessories, and other aesthetic enhancements that can be used across Nexus’ platforms and integrated services. These collectively form the "Profile Content."

By using the Profile Services, you acknowledge that your profile picture and other Profile Content may be visible to other users, subject to your privacy settings. Nexus may offer both free and paid customization options, referred to as "Licensed Profile Items," which are either developed by Nexus or provided through licensed third parties.

2. Eligibility and User Commitments:

You may only use the Profile Services if you are of legal age to enter into this agreement in your jurisdiction. If you are under the legal age, you may only access the Profile Services with the permission and supervision of a parent or legal guardian who agrees to these Profile Terms on your behalf.

By using the Profile Services, you affirm that:

• You have the legal capacity to enter into these Profile Terms.

• You will not provide any false or misleading information.

• Your use of the Profile Services complies with applicable laws and regulations.

3. User Accounts and Management:

To access and use the Profile Services, you must have an active Nexus account. The account used to create and manage Profile Content is considered the "Primary Account." If you delete your Primary Account or it is otherwise suspended, your Profile Content may still be available on linked accounts, but Licensed Profile Items associated with the Primary Account may be permanently removed.

Business accounts may have limited access to Profile Services and are subject to additional conditions imposed by Nexus. If you convert a personal account to a business account, some Profile Content may become inaccessible.

4. Rights and Licenses:

By creating or uploading Profile Content, you grant Nexus a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, modify, distribute, and promote such content in connection with the Profile Services. This license continues until your content is deleted from our systems.

You acknowledge that Nexus Profile Content is not unique and that similar combinations of assets may be used by multiple users. Nexus does not guarantee exclusivity or distinctiveness of Profile Content.

5. Licensed Profile Items:

Nexus offers Licensed Profile Items that can be acquired through purchase or promotional means. Licensed Profile Items are provided on a non-exclusive, revocable, non-transferable basis for personal use. All acquisitions of Licensed Profile Items are final and non-refundable unless required by law.

Nexus does not guarantee perpetual availability of Licensed Profile Items. We reserve the right to remove, alter, or discontinue any Licensed Profile Item at our discretion without notice.

6. Restrictions and Prohibited Conduct:

You agree not to:

• Misrepresent your identity or create misleading Profile Content.

• Use Profile Services to infringe upon the rights of others, including intellectual property rights.

• Upload or generate content that is harmful, offensive, discriminatory, or violates our Community Guidelines.

• Use Profile Content for commercial purposes unless expressly authorized by Nexus.

7. Third-Party Integrations:

Profile Services may integrate with third-party platforms. Nexus is not responsible for third-party services or their terms. If you engage with third-party integrations, you are solely responsible for compliance with their applicable policies and agreements.

8. Privacy and Data Usage:

Nexus processes personal data in accordance with its Privacy Policy. By using the Profile Services, you consent to our collection, use, and sharing of your information as described therein. Do not share sensitive or personally identifiable information within Profile Content unless explicitly permitted by Nexus.

9. Disclaimers and Limitations of Liability:

Nexus provides the Profile Services "as is" without any guarantees regarding their availability, functionality, or reliability. To the fullest extent permitted by law, Nexus disclaims all warranties, express or implied, including fitness for a particular purpose.

Nexus is not responsible for any loss, data corruption, or unauthorized access to Profile Content. Our liability shall not exceed the amount you have paid to us in connection with the Profile Services in the twelve months preceding the claim.

10. Indemnification:

You agree to indemnify and hold Nexus harmless from any claims, damages, or losses arising from your use of the Profile Services, violation of these Profile Terms, or infringement of third-party rights.

11. Termination and Suspension:

Nexus reserves the right to suspend or terminate your access to the Profile Services at any time for any reason, including violation of these Profile Terms. Upon termination, you must cease all use of the Profile Services and any associated Profile Content may be removed.

12. Governing Law and Dispute Resolution:

Any disputes arising from these Profile Terms will be governed by the laws of Massachusetts, without regard to conflict of law principles. Any claims shall be resolved through binding arbitration in Massachusetts, and you waive the right to participate in a class action.

13. Updates to These Terms:

Nexus may modify these Profile Terms at any time. Updates will be communicated through our platform, and continued use of the Profile Services after such updates constitutes acceptance of the revised terms.

By using the Profile Services, you acknowledge that you have read, understood, and agreed to these Profile Terms. If you do not agree, you must discontinue use of the Profile Services immediately.