Terms of Service

1. Acceptance of Terms

By accessing or using Nexus ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Platform. You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Platform.

2. Platform Description

Nexus is a marketplace connecting infrastructure providers (hosting facilities, development sites, flare gas sites, contractors, and service providers) with buyers (crypto miners, AI compute teams, and data center operators). Nexus facilitates discovery, contract formation, and payment processing between users.

3. Platform Fees & Payment Processing

Nexus charges a 5% platform fee on all hosting contracts facilitated through the Platform. This fee is calculated on the total contract value and is deducted from payments before disbursement to providers.

• Fee Structure: 5% of the total contract value, deducted at the time of each payment.
• Payment Processing: All payments for hosting services must be processed through Nexus. Clients pay Nexus directly, and Nexus disburses 95% to the provider within 5 business days of payment receipt.
• Prohibited Circumvention: Users may not circumvent Nexus's payment system by arranging direct payments outside the Platform for services initially connected through Nexus. Violation may result in account termination and legal action.
• Refunds: Refund policies are determined by individual hosting contracts. Platform fees are non-refundable except in cases of provider fraud or material misrepresentation verified by Nexus.
• Taxes: Users are responsible for all applicable taxes on their transactions. Nexus will provide transaction records for tax reporting purposes.

4. Hosting Contracts

Contracts formed through Nexus are binding agreements between the client and provider. Nexus serves as the payment processor and record-keeper but is not a party to the hosting agreement itself.

• Contract Formation: Contracts are formed when both parties accept the terms through the Platform. Electronic acceptance constitutes a valid signature.
• Equipment Details: Clients must accurately disclose equipment specifications, quantities, power requirements, and deployment timelines.
• Provider Obligations: Providers must deliver services as specified in accepted contracts, including power rates, capacity, cooling, and SLA terms.
• Dispute Resolution: Disputes between clients and providers should first be addressed directly between parties. Nexus may, at its discretion, mediate disputes but is not obligated to do so.

5. User Accounts

• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate and complete information during registration and listing submission.
• You are responsible for all activity that occurs under your account.
• Nexus reserves the right to suspend or terminate accounts that violate these terms.

6. Listing Accuracy & Disclaimers

Providers are solely responsible for the accuracy of their listings, including but not limited to gas specifications (volume, BTU, H2S levels), power capacity, infrastructure details, pricing, and contract terms. Nexus does not independently verify all claims made in listings and is not liable for inaccurate, misleading, or incomplete information submitted by users.

Buyers are responsible for conducting their own due diligence before entering into any transaction. Nexus is not responsible for the quality, safety, legality, or suitability of any listed infrastructure, service, or product.

7. Energy Industry Compliance

Listings on Nexus, including flare gas sites, do not constitute regulatory compliance or approval. Users are solely responsible for obtaining all necessary permits, licenses, and approvals required by national, regional, and local regulations in their jurisdiction, including but not limited to:

• National and regional energy commission requirements applicable in your jurisdiction
• Environmental regulations on methane emissions and flaring
• Environmental agency permits
• Local zoning and land use approvals
• Electrical interconnection agreements

Nexus makes no representation that any listed site meets current regulatory requirements. Users should consult qualified legal and regulatory professionals before proceeding with any transaction.

8. Safety & H2S Disclaimer

Flare gas operations involve hazardous materials, including hydrogen sulfide (H2S), which can be fatal at high concentrations. Gas composition data in listings is provided by the submitter and has not been independently verified by Nexus. Buyers must conduct independent gas analysis and implement appropriate safety measures before deploying equipment at any flare gas site.

9. Indemnification

You agree to indemnify and hold harmless Nexus, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, your listings, your violation of these terms, or your violation of any applicable law or regulation.

10. Limitation of Liability

To the maximum extent permitted by law, Nexus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Platform. Nexus's total liability shall not exceed the amount you have paid to Nexus in the 12 months preceding the claim.

11. Intellectual Property

All content, trademarks, and intellectual property on the Platform are owned by Nexus or its licensors. Users retain ownership of content they submit but grant Nexus a non-exclusive, worldwide license to display and distribute that content on the Platform.

12. Termination

Nexus may terminate or suspend your access at any time for violation of these terms. Upon termination, your right to use the Platform ceases immediately. Sections regarding indemnification, limitation of liability, and governing law survive termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Delaware, USA, or through binding arbitration at the election of either party.

14. Contact

For questions about these Terms, contact us at hello@nexuspower.io.