Terms of service.

These terms apply to two distinct ways of engaging with NexBDM:

• LoomDeck: governed directly by these terms from the moment you use the loomdeck.io website, join the waitlist, open the live demo, or create an account. No separate signature is required.
• Consulting services: NexBDM's consulting, automation, and technology work, which is additionally governed by a signed Scope of Work (“SOW”). Where a signed SOW is in place, it and these terms apply together; if they conflict, the SOW governs for that engagement.

An “Agency” is an organisation that creates a LoomDeck account. A “Connected Tool” is a third-party platform, such as Meta, HubSpot, or Google, that an Agency authorises LoomDeck to access, via that provider's own sign-in.

LoomDeck is under active development. Features, pricing, and integrations may change without notice, and the service may be interrupted or unavailable at times. Do not rely on LoomDeck as your sole record of any business data. Always keep the data in your connected tools (HubSpot, ClickUp, Xero, Meta, Google) as your source of truth.

You must provide accurate information when creating an account and are responsible for all activity under your account and for keeping your password confidential. One account represents one Agency; the alpha supports a single owner per Agency. Notify us promptly at [email protected] if you believe your account has been accessed without authorisation.

When you connect a Connected Tool (such as Meta, HubSpot, or Google) to LoomDeck, you represent that you are authorised to grant LoomDeck access to that account. LoomDeck accesses only what you explicitly authorise through the provider's own sign-in, and you can revoke that access at any time from Integrations in your account. Your use of each Connected Tool remains subject to that provider's own terms of service. How LoomDeck stores and handles the resulting access tokens is described in our Privacy Policy.

You agree not to:

• use the Services for any unlawful purpose, or to violate any third party's rights;
• attempt to gain unauthorised access to another Agency's account or data;
• reverse engineer, decompile, or attempt to extract the source code of LoomDeck;
• use LoomDeck to connect a third-party account you are not authorised to access; or
• interfere with, disrupt, or place an unreasonable load on the Services or the infrastructure they run on.

All consulting services are governed by a signed Scope of Work. No consulting services will commence until a SOW has been signed by both parties and the required upfront payment has been received. Quotations and Scopes of Work are valid for 14 calendar days from the date of issue unless otherwise stated. NexBDM reserves the right to decline any engagement at its sole discretion.

LoomDeck is currently free during the alpha and waitlist period. Pricing shown on loomdeck.io is indicative of future paid tiers; no payment is collected today, and you will be notified before any paid tier requires payment details.

Consulting services are billed 50% on signing the SOW (before work commences) and 50% on completion (before go-live), plus any monthly retainer specified in the SOW, invoiced at month-end and due within 7 days. Invoices unpaid after 7 days attract a 2% per month late fee, and NexBDM may suspend services if an invoice is more than 14 days overdue. All amounts are quoted and payable in South African Rand (ZAR). NexBDM is not VAT registered, so no VAT is added to invoices.

You may close your LoomDeck account at any time. We may suspend or terminate accounts that breach these terms, or that we reasonably believe pose a security risk to LoomDeck or its users. On closure, Connected Tool tokens are deleted immediately and account data is handled as described in the Privacy Policy.

For consulting engagements, either party may cancel a monthly retainer on 30 days' written notice. NexBDM may terminate for cause on unremedied non-payment or material breach; the client may terminate for cause on NexBDM's unremedied material breach. The upfront development fee, retainer fees for completed months, and the Proof of Value fee (once the prototype has been delivered) are non-refundable.

All chatbot frameworks, automation logic, proprietary systems, code, tools, and methodologies developed by NexBDM, and the LoomDeck platform itself, including its software, design, and content, remain the sole and exclusive intellectual property of NexBDM (Pty) Ltd. You are granted a non-exclusive, non-transferable, revocable licence to use the delivered solution or LoomDeck for your own internal business purposes. You retain full ownership of all data, content, and brand assets you provide or that LoomDeck reads from your Connected Tools on your instruction.

Both parties agree to maintain the confidentiality of all Confidential Information exchanged during the engagement, as defined in any signed Mutual NDA. Confidentiality obligations survive termination for a period of 3 years.

NexBDM's services integrate with third-party platforms. Consulting solutions may use platforms such as the WhatsApp Business API, Anthropic (Claude), n8n, and GoHighLevel. LoomDeck connects to Connected Tools including Meta, HubSpot, and Google, and relies on infrastructure providers including Supabase, Resend, and Cloudflare. NexBDM is not responsible for the availability, performance, or changes to third-party platforms or their APIs, and third-party subscription costs are your responsibility unless the SOW states otherwise.

Both parties agree to comply with POPIA and, where applicable, GDPR in respect of any personal information processed in connection with the Services. Where NexBDM processes personal information on your behalf, it acts as Operator and only on your instruction, and a Data Processing Agreement will be entered into where required. See our Privacy Policy for how we handle personal information.

For consulting services, NexBDM warrants that work will be delivered with reasonable skill and care in accordance with the SOW. LoomDeck is provided “as is” and “as available,” without warranties of any kind, express or implied, including fitness for a particular purpose, non-infringement, or that the service will be uninterrupted, secure, or error-free. Figures produced by LoomDeck (including the margin autopsy and margin calculator) are estimates for informational purposes only and are not financial, legal, or tax advice.

For paid services, NexBDM's total cumulative liability shall not exceed the total fees paid in the 3 calendar months immediately preceding the event giving rise to the claim. Because LoomDeck is currently free during its alpha, NexBDM's liability in connection with LoomDeck is limited to the maximum extent permitted by law. NexBDM is not liable for any indirect, consequential, special, or punitive loss, including loss of profits, data, revenue, or business opportunity. Nothing in these terms limits liability that cannot be limited or excluded under South African law.

Neither party will be liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party platform failures. The affected party must notify the other in writing as soon as practicable.

Disputes shall first be addressed through good-faith negotiation within 14 days of written notice. If unresolved, the dispute shall be referred to mediation, then arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). Nothing in this clause prevents either party from seeking urgent relief from a court of competent jurisdiction.

We may update these terms from time to time. Material changes will be posted at loomdeck.io/terms with an updated effective date and take effect 14 days after publication. Where a signed SOW is in place, the terms in force at the date of signing apply for the duration of that engagement.

These terms are governed by the laws of the Republic of South Africa, and the parties submit to the non-exclusive jurisdiction of the South African courts. See our Privacy Policy for how we handle personal information under POPIA and GDPR.

NexBDM (Pty) Ltd, Registration No. 2026/250171/07

37 Montery Place, 140 Griffiths Road, Pretoria 0184, South Africa

Email: [email protected] · Phone: 079 607 5372

Websites: nexbdm.co.za · loomdeck.io