These terms govern your use of nexainfrastructure.com and the Nexa Client Portal at portal.nexainfrastructure.com (together, the “Platform”), operated by Nexa Infrastructure LLC (“Nexa,” “we,” “us”). By using the Platform you agree to them. If you do not agree, do not use the Platform.
These terms cover software, not construction. They do not amend, limit, or expand any right or obligation under a signed contract, subcontract, or purchase order between you and Nexa. Where these terms and a signed contract conflict on the subject of the work, the signed contract governs.
01Who may use the Platform
The Platform is a business tool for developers, general contractors, owners, design teams, subcontractors, and agency partners. You must be 18 or older and authorized to act for the company you represent. Portal accounts are issued by invitation only, to individuals named by our client or by Nexa.
02Accounts and access
- Keep your credentials confidential. Do not share a login, and do not let anyone use your account.
- We recommend enabling multi-factor authentication. It is required for administrator accounts.
- Tell us immediately at admin@nexainfrastructure.com if you suspect unauthorized access.
- You are responsible for activity under your account, and for telling us when someone on your team leaves the project so we can remove their access.
- We may suspend or remove an account at any time, including when a project closes out.
03Acceptable use
Do not attempt to access another client’s project data, probe or test the security of the Platform without our written permission, scrape or bulk-download content, reverse engineer the software, upload malicious code, or use the Platform to violate any law or the rights of others.
04Project information is for coordination, not reliance
The portal shows milestone dates, percent complete, permit and application status, estimated completion dates, timelines, and similar project information. This information is provided for convenience and situational awareness. It is updated periodically and much of it depends on utilities and public agencies — including Con Edison, National Grid, DOB, DEP, and DOT — whose schedules, systems, and determinations are outside our control.
Portal information is therefore not a representation, warranty, guarantee, or contractual commitment as to when any work, approval, or energization will occur. Do not rely on it as the basis for a closing, a financing draw, a lease commencement, a crew mobilization, a delivery, or any other decision with financial consequence without written confirmation from Nexa. Written confirmation means an email or letter from an authorized Nexa representative, not a portal field.
05The portal does not change the contract
Nothing posted, uploaded, marked complete, or approved in the portal constitutes a change order, a notice under your contract, an authorization to proceed, an acceptance of work, a waiver, or an approval of payment, unless your signed contract expressly says otherwise. Contractual notices must be given the way your contract requires.
06Your content
You keep ownership of the documents, drawings, photographs, and other material you upload. You grant Nexa a non-exclusive license to store, display, transmit, and use that material as needed to deliver the work and operate the Platform, including sharing it with utilities, agencies, and project participants where the work requires. You confirm that you have the right to upload what you upload and that it does not infringe anyone’s rights.
Keep your own copies. The portal is a coordination tool, not your system of record.
07Our content
The Platform, its software, design, text, photographs, drawings, project renderings, and the Nexa name and marks are owned by Nexa or its licensors and are protected by intellectual property law. Client logos and marks shown on our site are used with permission and remain the property of their owners. You may not copy, republish, or use our content for commercial purposes without written permission.
08Availability
We aim to keep the Platform available but do not promise uninterrupted service. We may modify, suspend, or discontinue features, perform maintenance, or change the Platform at any time. Portions of the Platform depend on third-party services, and outages at those providers will affect availability.
09Disclaimer
The Platform is provided “as is” and “as available.” To the fullest extent permitted by law, Nexa disclaims all warranties relating to the Platform, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to accuracy, completeness, timeliness, or uninterrupted access. This disclaimer applies to the Platform only and does not disclaim any warranty Nexa gives for its construction work under a signed contract.
10Limitation of liability
To the fullest extent permitted by law, Nexa will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, delay damages, or loss of data, arising out of your use of or inability to use the Platform or your reliance on information displayed in it. Nexa’s total liability arising out of the Platform will not exceed one thousand dollars ($1,000). Again, this section limits liability arising from the Platform and does not limit Nexa’s liability under a signed construction contract, which is governed by that contract.
11Indemnity
You will indemnify and hold harmless Nexa and its members, officers, and employees from claims, damages, and reasonable costs arising out of your misuse of the Platform, your breach of these terms, or material you upload in violation of a third party’s rights.
12Privacy
Our handling of personal information is described in our Privacy Policy, which is part of these terms.
13Governing law and venue
These terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any dispute arising out of the Platform will be brought exclusively in the state or federal courts located in Kings County, New York, and you consent to their jurisdiction. If your signed contract with Nexa specifies a different forum or dispute procedure for the work, that provision controls for disputes about the work.
14Changes to these terms
We may update these terms. The effective date above reflects the current version, and material changes will be sent to portal users by email. Continuing to use the Platform after a change means you accept the updated terms.
15General
If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent. These terms, together with the Privacy Policy and any signed contract, are the entire agreement between us regarding the Platform.
16Contact
Nexa Infrastructure LLC
Brooklyn, New York
admin@nexainfrastructure.com