Last updated: May 2, 2026 · Effective immediately.
These Terms of Service ("Terms") govern your access to and use of the Nexavorix software-as-a-service platform (the "Service") operated by Nexavorix ("we", "us", "our"). By creating an account, accessing, or using the Service, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, do not use the Service.
Nexavorix provides cloud-based software for drug and alcohol testing collection sites, mobile collectors, and third-party administrators. Features include digital test forms (DOT and Non-DOT), appointment scheduling, donor records, invoicing, and related workflow tools. We may add, modify, or remove features from time to time.
You must be at least 18 years old and authorized to bind the entity you represent. You agree to provide accurate, current information at signup and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You are responsible for any users you invite to your workspace and for ensuring they comply with these Terms.
The Service is offered on a recurring subscription basis. Current pricing is published on our Pricing page. By subscribing you authorize us, through our payment processor (Stripe, Inc.), to charge your designated payment method on a recurring basis until you cancel.
"Customer Data" means any data you or your users upload to or generate within the Service, including donor records, test forms, appointments, invoices, and notes. As between you and us, you retain all rights, title, and interest in Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide the Service.
You represent and warrant that you have all rights and consents necessary to upload Customer Data to the Service and that doing so does not violate any law, regulation, or third-party right.
You acknowledge that drug and alcohol testing records may be subject to confidentiality requirements under 49 CFR Part 40, the Americans with Disabilities Act, applicable state laws, and your contractual obligations to your clients. You are solely responsible for complying with these requirements, including controlling access within your workspace, retaining records for required periods, and disclosing test results only to authorized parties (Designated Employer Representative, Medical Review Officer, donor, or as required by law).
We provide tools to help you do this — including role-based access control, activity logging, and tenant isolation — but we are not your legal counsel and do not warrant that use of the Service alone satisfies your regulatory obligations.
You agree not to:
The Service, including all software, designs, text, graphics, and other content (excluding Customer Data), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All other rights are reserved.
We strive to provide reliable service but do not guarantee uninterrupted availability. Scheduled maintenance, third-party outages (such as our hosting or payment provider), and force majeure events may temporarily affect access. Beta or preview features are provided "as is," may be discontinued at any time, and are not subject to any service-level commitments.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF DATA YOU ENTER INTO THE SERVICE AND FOR YOUR OWN COMPLIANCE WITH 49 CFR PART 40, ADA, STATE LAW, AND ANY OTHER APPLICABLE REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
The limitations in this section apply regardless of the form of action (contract, tort, or otherwise) and apply to the fullest extent permitted by applicable law.
You will defend, indemnify, and hold harmless Nexavorix and its affiliates from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Service in violation of these Terms or applicable law, (ii) Customer Data, or (iii) your failure to comply with regulatory requirements applicable to drug and alcohol testing.
You may terminate your subscription at any time by cancelling through the customer portal. We may suspend or terminate your access for material breach of these Terms (including non-payment) on reasonable notice, except for security or legal reasons where suspension may be immediate. Upon termination, your right to use the Service ends. We will retain Customer Data for at least 30 days after termination, after which it may be permanently deleted; you are responsible for exporting any data you wish to retain.
We may update these Terms from time to time. Material changes will be communicated by email or through the Service at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of New Jersey, U.S.A., without regard to conflict-of-laws principles. The exclusive venue for any dispute is the state and federal courts located in New Jersey, and each party consents to personal jurisdiction there. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between us regarding the Service. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Questions about these Terms? Email info@nexavorix.pro.