Terms & Conditions

1.Introduction

Welcome to the website of NexMart Smart Inc. Throughout the site, the terms “we,” “us,” and “our” refer to XMAI. XMAI provides this website, including all information, tools, and services available from this site, subject to your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service. These Terms include any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to visitors, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features or tools added to the current website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.Privacy Policy & Cookies

Your submission of personal information through our website forms is governed by our Privacy Policy. Respecting your privacy is our priority. We collect your information to understand your purchasing needs, respond to your inquiries in a timely manner, and provide personalized services. This information is used solely by XMAI. We do not sell or disclose your personal data to third parties.

By using this website, you represent that you have read, understood, and agreed to be bound by XMAI’s Privacy Policy, which is incorporated into these Terms by reference. Please refer to our Privacy Policy for more details. As explained more fully in the Privacy Policy, this website uses cookies to collect certain information from you. By using this website and agreeing to these Terms of Service, you consent to XMAI’s use of cookies in accordance with our Privacy Policy.

3.Eligibility

By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age and are legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

4.Purchase and payment

This Website does not provide online checkout. It is intended to display selected company products and product information. If you wish to purchase any product displayed on this Website, please fill out the inquiry form or contact us through the official email, phone number, or WhatsApp listed on the Website.

After receiving your inquiry, our customer service team will connect you with our sales team. You may complete the purchase and arrange offline payment after both parties reach an agreement. Alternatively, you may choose to place an order through our Alibaba store or Amazon store. After payment is completed, you will receive an invoice or receipt from the company.

5.Prohibited Conduct

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that contains, or is linked to, any spyware, computer virus, Trojan horse, worm, keylogger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities, including, without limitation, scraping, data mining, data extraction, or data harvesting, on or in relation to the Website without XMAI’s express written consent.

You must not engage in any of the following conduct on the Website, all of which is expressly prohibited:

• providing false, misleading, or inaccurate information to XMAI or any other person in connection with the Website;

• impersonating any person or entity, or otherwise misrepresenting your affiliation, connection, or association with any person or entity;

• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;

• attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or breaching security or authentication measures without proper authorization;

• interfering with, or attempting to interfere with, the use of the Website by any other user, host, or network, including, without limitation, by submitting malware or exploiting software vulnerabilities;

• forging, modifying, or falsifying any network packet, protocol header, or metadata in connection with, or transmission to, the Website, including SMTP email headers, HTTP headers, or Internet Protocol packet headers;

• creating additional accounts to promote your own or another person’s business, or causing others to do so;

• paying anyone for interactions on the Website;

• using the Website for any unlawful purpose;

• soliciting others to perform or participate in any unlawful acts;

• violating any international, federal, provincial, state, or local laws, regulations, rules, or ordinances;

• infringing upon or violating our intellectual property rights or the intellectual property rights of others;

• harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• collecting or tracking the personal information of others.

You must not use the Website to transmit or send unsolicited commercial communications. We reserve the right to terminate your use of the Service or any related Website for violating any prohibited use.

6.Copyrights

All content and other materials available through the Website, including, without limitation, the XMAI logo, designs, text, graphics, images, files, and the selection, arrangement, and organization thereof, are either owned by XMAI or are the property of XMAI’s licensors and suppliers. Except as expressly provided, neither your use of the Website nor these Terms grants you any right, title, or interest in or to any such materials.

7.User comments, feedback, and other submission

If, at our request, you send certain specific submissions, such as contest entries, or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, collectively referred to as “comments,” you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you submit to us.

We are and shall be under no obligation:

• to maintain any comments in confidence;

• to pay compensation for any comments;

• to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related Website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

8.Disclaimer of warranties; Limitation of liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may suspend or remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall XMAI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort, including negligence, strict liability, or otherwise, arising from your use of the Service or any products procured through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9.Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

10.Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or, accordingly, we may deny you access to our Services, or any part thereof.

11.Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, and any policies or operating rules posted by us on this Website or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

12.Changes to terms of service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.