Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Nexaria Digital marketplace, websites, applications, and related services (collectively, the "Services"), operated by Smith Medical, P.C. ("Nexaria," "we," "us," or "our"). Nexaria Digital is also known by its SEO anchor nexariadigital.com.

Please read these Terms carefully. They contain important provisions, including an arbitration agreement and limitations of liability.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that your use complies with all applicable laws.

3. Accounts and Roles

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. The Services may offer different roles and permission levels (for example, individual users, agencies, teams, and white-label partners). You agree to provide accurate information and to keep it current. Notify us immediately of any unauthorized use.

4. Acceptable Use

You agree not to:

• Violate any law or infringe the rights of others;
• Post false, misleading, fraudulent, or deceptive listings or advertisements;
• Upload malware or interfere with the security or operation of the Services;
• Scrape, harvest, or reverse engineer the Services except as permitted by law;
• Impersonate any person or entity or misrepresent your affiliation;
• Use the Services to launder funds or facilitate any illegal transaction.

We may remove content and suspend or terminate accounts that violate these Terms.

5. Listings and Marketplace Conduct

Nexaria Digital provides a venue to manage, list, sell, rent, lease, and advertise digital assets. You are solely responsible for your listings, including their accuracy, legality, pricing, and your authority to offer the asset. Transactions are between buyers and sellers. Nexaria is not a party to user transactions and does not guarantee the quality, legality, safety, or completion of any listing or transaction.

6. Fees and Subscriptions

We offer subscription plans, currently including Free, Pro, Business, Agency, and Enterprise / White-Label tiers, along with optional marketplace fees such as transaction fees and featured placements as described on our pricing page. Paid plans renew automatically until cancelled. Fees are stated exclusive of taxes unless noted. Where billing is enabled, payments are processed by our third-party payment provider, and you authorize recurring charges to your payment method. Except where required by law, fees are non-refundable.

7. Digital Asset Risk Acknowledgement

You acknowledge that digital assets and blockchain-based products are highly volatile and speculative and may lose all value. You are solely responsible for evaluating the risks of any asset or transaction. Nexaria does not custody your private keys, and blockchain transactions are generally irreversible. See our Disclaimer for further detail.

8. No Investment Advice

Nothing on the Services constitutes financial, legal, tax, or investment advice, or a recommendation to buy, sell, or hold any asset. Content is provided for informational purposes only. You should conduct your own research and consult qualified professionals before making decisions.

9. Third-Party Platforms

The Services reference and may interoperate with independent third-party ecosystems, including xSPECTAR (https://xspectar.com), the XRP Ledger (XRPL), and EVM-compatible virtual worlds and networks. These platforms are operated by independent third parties. Nexaria does not control them, is not responsible for them, and does not endorse them unless expressly stated. Your use of third-party platforms is governed by their own terms.

10. Integration-Ready Features

Certain features, adapters, wallet connections, and integrations are described as "integration-ready." This means they are built to support future connections but are not live and do not custody, transfer, or control any assets unless we expressly state otherwise in writing. Do not rely on any integration as active until confirmed.

11. Intellectual Property and DMCA

The Services, including software, design, and branding, are owned by Nexaria or its licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive license to use the Services for their intended purpose. You retain rights to content you submit but grant us a license to host and display it to operate the Services.

If you believe content infringes your copyright, send a notice under the Digital Millennium Copyright Act to legal@nexariadigital.com including the required information. We will respond to valid notices and may remove infringing material and terminate repeat infringers.

12. Disclaimers of Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXARIA AND SMITH MEDICAL, P.C. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR DIGITAL ASSETS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS.

14. Indemnification

You agree to indemnify and hold harmless Nexaria, Smith Medical, P.C., and their officers, employees, and agents from any claims, damages, and expenses arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

15. Dispute Resolution, Arbitration, and Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Except where prohibited, any dispute will be resolved by binding individual arbitration rather than in court, and you and Nexaria waive the right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing us.

16. Termination

We may suspend or terminate your access at any time for any violation of these Terms or to protect the Services. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be indicated by an updated date and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.

18. Contact

Questions about these Terms may be directed to Smith Medical, P.C. via our contact page. Learn more at nexariadigital.com.