Nexary — Terms of Service

Last updated: September 13, 2026 (first published August 3, 2026)
Provider: Oliver Song, a sole proprietor doing business as Nexary ("Nexary," "we," "us")
Contact: nexussystems.business@gmail.com

1. What Nexary is

Nexary is a software service that answers your business's phone calls and text messages using an automated assistant, books and manages appointments, and gives you a dashboard showing what happened.

Nexary is software, not a person and not a licensed professional. It does not provide medical, dental, legal, financial or emergency advice, and it must not be configured or relied upon to do so.

2. Who may use it

You must be at least 18 and authorised to enter contracts for the business you register. One account represents one business ("your business"). You are responsible for everything done under your account, including by your staff.

We may refuse or close accounts where we cannot verify that the person signing up actually operates the business they claim to.

3. Your account

Keep your password confidential. Tell us promptly if you believe someone else has access. Changing your password signs out all other sessions.

You are responsible for the accuracy of what you configure — your hours, services, address, and any business information you give the assistant to answer from. The assistant answers callers using what you provide. If you configure it with wrong information, it will confidently tell that wrong information to your customers.

4. Phone numbers

Where Nexary provisions a phone number for you, that number is obtained through our telecommunications provider and is associated with your account for as long as your subscription is active.

If your subscription ends, the number may be released and cannot be recovered. Do not print a Nexary-provisioned number on vehicles, signage or marketing material unless you have confirmed with us in writing how it will be handled if you cancel. If you forward your own existing business line to Nexary, that line remains yours.

5. Automated calls, transcription and consent — read this carefully

Nexary answers calls with an automated assistant and keeps a written transcript of each call. It does not save audio recordings of calls. Every call is set up so that the assistant's opening words say that it is automated and that calls are recorded (where a business offers Spanish, a short prompt to press 1 for Spanish is set up to play first).

You are responsible for the legality of having your calls answered by an automated assistant and transcribed. The laws of some US states require the consent of everyone on a call before it is recorded or transcribed, and your callers may be dialling from any state. Some laws, including Illinois' Biometric Information Privacy Act, regulate voiceprints; Nexary does not create voiceprints or identify callers by their voice.

We configure the disclosure, and for each call we store the wording that call was set up to play. That record is not confirmation from the phone provider that the caller heard it. We do not provide legal advice about your obligations.

You must not disable, shorten, or instruct the assistant to omit the recording, transcription or automation disclosure.

6. SMS / text messaging program

Program name: Nexary Appointment Texting.

Description: When a customer texts a business's published phone number, Nexary's automated assistant replies to help book, reschedule, or cancel an appointment, and to answer general questions about the business. Nexary never sends a text unless the customer has already texted that business's number first — there is no outbound, proactive, or bulk/marketing messaging of any kind.

Message frequency varies based on your conversation with the business — typically one reply per message you send, for as long as the conversation continues.

Message and data rates may apply.

Reply STOP at any time to unsubscribe from a business's texts. You will get one confirmation message and then no further automated texts from that business unless you reply START, YES, or UNSTOP. Reply HELP for help, or contact us directly at nexussystems.business@gmail.com.

7. Healthcare and other regulated businesses — important limitation

Nexary does not currently offer a Business Associate Agreement (BAA) and is not positioned as a HIPAA-compliant service.

If your business is a HIPAA covered entity (a dental or medical practice, for example), information your callers provide may constitute Protected Health Information, and using a vendor without a BAA to receive it may place you in violation of HIPAA.

Until we offer a BAA in writing:

• Do not configure Nexary to collect clinical information, diagnoses, treatment details, or insurance identifiers.
• Understand that call transcripts are processed by our AI sub-processor (see the Privacy Policy).
• If you are a covered entity, seek your own compliance advice before going live.

We will tell customers directly if and when this changes.

8. Acceptable use

Do not use Nexary to:

• Make unsolicited marketing or robocalls, or anything violating the Telephone Consumer Protection Act
• Impersonate a person, or configure the assistant to deny being automated
• Handle emergency, crisis, or medical-triage calls
• Break any law, or infringe anyone's rights
• Attempt to access another customer's data, or probe or overload the service

We may suspend an account immediately where we reasonably believe this section is being broken, or where usage threatens the stability of the service.

9. Fees, billing and cancellation

Subscriptions are billed monthly in advance through our payment processor. Your plan and its price are shown at checkout.

• Renewal. Your subscription renews automatically each month until cancelled.
• Cancellation. You may cancel at any time by emailing us at nexussystems.business@gmail.com. Email cancellation is available now. If another way to cancel becomes available for your subscription, the Billing page in the app will show it, and we will show it only after we have confirmed that it works. Cancellation takes effect at the end of the current billing period. We do not provide partial-month refunds unless required by law or stated otherwise in writing.
• Failed payment. If a payment fails we may retry it and may suspend the service, including inbound call answering, until payment succeeds.
• Price changes. We will give at least 30 days' notice before changing the price of an existing subscription. Continuing to use Nexary after that constitutes acceptance.
• Usage limits. Plans include a monthly usage allowance. Where a plan states limits, we may pause non-essential automated activity once the allowance is exhausted, after notifying you.
• Pilot pricing. Discounted founding-customer pricing, where offered, applies for the stated period only and is identified as pilot pricing at signup.

Taxes are your responsibility unless we are required to collect them.

10. Your data

Your business data — your customers, appointments, call records and transcripts — belongs to you. We process it to provide the service, as described in the Privacy Policy.

You may request an export or deletion of your business data at any time. On account closure we delete or anonymise your data within a reasonable time, except where we must retain records to comply with law or resolve disputes. Deletion is carried out by hand today; Section 8 of the Privacy Policy explains how.

11. Availability, and what we do not promise

We work to keep Nexary available and accurate, but:

• We do not guarantee uninterrupted service. Nexary depends on third parties (telephony, AI, hosting) that can fail independently of us.
• We do not guarantee the assistant will handle every call correctly. It is an automated system. It can mishear, misunderstand, or fail to book.
• Nexary is not a substitute for emergency services and must never be presented to callers as one.

You should keep a way for customers to reach a human.

12. Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to these terms or the service is limited to the amount you paid us in the three months immediately before the event giving rise to the claim.

We are not liable for indirect, incidental, special or consequential damages, or for lost profits, lost business, lost bookings, or lost goodwill, even if advised such damages were possible.

Nothing here excludes liability that cannot lawfully be excluded.

13. Indemnity

You will indemnify us against claims arising from your use of Nexary in breach of these terms, including claims relating to calls answered and transcribed for your business, the content you configure the assistant to say, and your compliance obligations in a regulated industry.

14. Changes to these terms

We may update these terms. For material changes we will give notice at least 30 days beforehand by email or in the dashboard. Continuing to use Nexary after the effective date means you accept the change.

15. Termination

You may stop using Nexary at any time. We may terminate or suspend an account for material breach of these terms, non-payment, or where required by law. On termination your access ends, any provisioned phone number may be released, and Section 10 governs your data.

16. Governing law

These terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. Disputes will be brought in the state or federal courts located in Cook County, Illinois.

17. Contact

Oliver Song, doing business as Nexary (sole proprietor) nexussystems.business@gmail.com