NEXIOS REAL ESTATE PROJECT FINANCE — TERMS OF SERVICE
Version 2026-11-14
These Terms of Service ("Terms") are an agreement between Norman Fuchs, doing business as Nexios
("Nexios", "we", "us", or "our"), and the bank, lender, or other financial institution, and the
individual accepting on that institution's behalf, identified at account creation (together, "you"
or "your"), governing your access to and use of the NEXIOS Real Estate Project Finance hosted
software service (the "Service"). By accessing or using the Service, you agree to these Terms. If
you are accepting on behalf of an institution, you represent that you have the authority to bind
that institution, and "you" refers to the institution as well as to you individually.
1. THE SERVICE
The Service is a cloud-hosted due-diligence and construction-draw-administration platform for
real-estate project loans: underwriting screens, loan syndication and draw tracking, maker-checker
draw approval, covenant monitoring, alerting, credit-committee reporting, and related tools used by
a lending institution's own staff to evaluate and monitor its own loans. Unlike a shared multi-
tenant database, each institution using the Service is provisioned its own, fully separate database
-- not a shared table or a shared schema -- so there is no query path by which one institution's
loan data could ever be returned in response to another institution's request.
2. ACCOUNTS, STAFF, AND ROLES
An institution's access to the Service is provisioned by Nexios directly (there is no public
self-service signup); the institution's designated Admin user may then invite additional staff
accounts and assign each a role (Viewer, Underwriter, Approver, or Admin) that governs what that
person can see and change, including a hard rule enforced by the Service itself that the person who
submits a draw request can never be the same person who approves it. You are responsible for (a)
the accuracy of information provided when inviting staff, (b) promptly removing access for anyone
who should no longer have it, and (c) all activity that occurs under your institution's accounts,
whether or not you authorized it, except to the extent caused by our breach of these Terms. You
must notify us promptly of any known or suspected unauthorized access to your institution's
workspace.
3. YOUR DATA
As between you and us, you retain all right, title, and interest in the loan, borrower, project,
covenant, draw, and related data you or your staff enter into or upload to the Service ("Your
Data"). We claim no ownership interest in Your Data. We process Your Data as a service provider
acting on your instructions, solely to provide, maintain, secure, and support the Service, and as
otherwise described in the Privacy Policy below and the Data Processing Agreement available at
GET /api/saas/platform/dpa.
Where Your Data includes personal information about a borrower's principals, guarantors, or other
individuals (for example, in a borrower-submission upload), you represent that you have a lawful
basis and, where required, that individual's consent or your own contractual authority to enter
that information into the Service and to permit us to process it as described in these Terms. You
are responsible for complying with any regulatory, contractual, or confidentiality obligations you
owe in connection with that data (including any obligations arising under banking, privacy, or
consumer-protection law applicable to you); the Service is a tool that helps you meet those
obligations, not a substitute for your own compliance program, counsel, or regulator-facing
judgment.
4. THE AI ASSISTANT IS OPTIONAL, ADVISORY, AND DISCLOSED
The Service includes an optional in-app AI assistant. It is advisory only: it explains and narrates
a project's own numbers already visible to the signed-in user, it never submits a draw, never
changes an underwriting input, and never issues or overrides the Service's own deterministic
go/no-go screen. When a user sends a message to the assistant, the relevant project data needed to
answer that question is sent to our AI provider, Anthropic, PBC, strictly to generate that one
response -- see the Privacy Policy, §3, for what that provider does and does not do with it. The
assistant can be disabled for your institution's deployment entirely if you do not want any project
data reaching that provider; ask your Nexios contact to turn it off.
5. ACCEPTABLE USE
You will not: (a) use the Service to process data you are not lawfully permitted to hold or
process; (b) attempt to access another institution's workspace or data, or probe, scan, or test the
Service's security without our prior written authorization; (c) reverse engineer, decompile, or
attempt to extract the Service's source code except to the extent such a restriction is prohibited
by law; (d) use the Service to build or support a product that competes with it; (e) introduce
malicious code; or (f) resell or provide the Service to third parties outside your own institution's
staff without our prior written consent.
6. FEES AND BILLING
Use of the Service beyond any trial period requires an active paid subscription, billed through our
payment processor on the plan and seat count you select. Fees are invoiced and charged in advance
and, except as required by law or expressly stated otherwise, are non-refundable. We may change our
fees for future billing periods with reasonable advance notice. If a subscription payment fails or
lapses and is not cured within the grace period described at checkout or in-product, we may place
your workspace into a read-only state -- you may still view and export Your Data, but cannot
create, edit, or approve records -- and, if the lapse continues beyond that, suspend access entirely
until payment is restored, without deleting Your Data during either state.
7. SERVICE AVAILABILITY AND SUPPORT
We will use commercially reasonable efforts to keep the Service available and to correct reported
defects, but the Service is provided on an "as available" basis. We may perform scheduled or
emergency maintenance, and we may modify, suspend, or discontinue features of the Service with
reasonable notice where practicable, provided that we will not materially degrade the core
functionality you are paying for during an active subscription term without a corresponding
adjustment to fees. Specific uptime or response-time commitments, if any, are as separately agreed
in writing with your institution.
8. DATA SECURITY
We maintain administrative, technical, and physical safeguards designed to protect Your Data,
described in full in our Security Overview (GET /api/saas/platform/security), including: a
dedicated, isolated database per institution; encryption of sensitive control-plane secrets at
rest and of all data in transit; role-based access control; and maker-checker segregation of duties
on draw approval. No system is perfectly secure, and we cannot guarantee that unauthorized access,
loss, or disclosure of data will never occur. You are responsible for maintaining the
confidentiality of your account credentials.
9. SUSPENSION AND TERMINATION
We may suspend or terminate your access to the Service if: (a) your subscription lapses beyond any
applicable grace period; (b) you materially breach these Terms and do not cure the breach within a
reasonable period after notice; (c) your use poses a security risk to the Service or to another
institution; or (d) we are required to do so by law. You may stop using the Service, and request
cancellation of your subscription, at any time. Upon termination for any reason, we will make Your
Data available for export for a reasonable period (at least 30 days, unless a shorter period is
required by law or by the circumstances of the termination), after which it, and your institution's
dedicated database, will be permanently deleted from our production systems.
10. THIRD-PARTY SERVICES
The Service relies on third-party infrastructure and processors to operate, including database
hosting, application hosting, payment processing, and -- only if you choose to use it -- the AI
assistant provider (see §4). The Privacy Policy's Subprocessors section lists the specific vendors
and what each one handles.
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE, INCLUDING ITS GO/NO-GO SCREEN, COVENANT
MONITORING, AND AI ASSISTANT, IS A DECISION-SUPPORT AND RECORD-KEEPING TOOL; IT DOES NOT PROVIDE
CREDIT, APPRAISAL, ACCOUNTING, TAX, OR LEGAL ADVICE, DOES NOT CERTIFY ANY FIGURE AS CORRECT, AND IS
NOT A SUBSTITUTE FOR YOUR OWN QUALIFIED CREDIT OFFICER, APPRAISER, OR COUNSEL. YOU ARE SOLELY
RESPONSIBLE FOR YOUR OWN CREDIT, FUNDING, AND MONITORING DECISIONS AND FOR VERIFYING THE ACCURACY OF
ANY FIGURE BEFORE RELYING ON IT.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF
OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR THE DATA PROCESSING
AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS
PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS EITHER PARTY'S
LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR WHERE SUCH A LIMITATION IS PROHIBITED BY LAW.
13. INDEMNIFICATION
You will defend, indemnify, and hold us harmless from and against any third-party claim, loss, or
expense (including reasonable attorneys' fees) arising from: (a) Your Data; (b) your breach of
these Terms; or (c) your or your staff's violation of applicable law or of a third party's rights in
connection with your use of the Service.
14. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the State of Florida, without regard to its
conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be
brought exclusively in the state or federal courts located in Florida, and each party consents to
the personal jurisdiction of those courts.
15. CHANGES TO THESE TERMS
We may update these Terms from time to time. If a change is material, we will provide reasonable
notice (for example, by email or an in-product notice) before it takes effect, and may require
re-acceptance before continued use of the Service. Continued use of the Service after a
non-material change takes effect constitutes acceptance of the updated Terms.
16. GENERAL
These Terms, together with the Privacy Policy and, where executed, the Data Processing Agreement,
are the entire agreement between you and us regarding the Service and supersede any prior
agreements on the same subject. If any provision of these Terms is found unenforceable, the
remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of
our right to do so later. You may not assign these Terms without our written consent; we may assign
these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
Questions about these Terms can be sent to sales@polyapps-ai.com.
NEXIOS REAL ESTATE PROJECT FINANCE — PRIVACY POLICY
Version 2026-11-14
This Privacy Policy describes how Norman Fuchs, doing business as Nexios ("Nexios", "we", "us"),
collects, uses, and protects information in connection with the NEXIOS Real Estate Project Finance
hosted software service (the "Service"). It is part of, and should be read together with, the
Terms of Service above.
1. INFORMATION WE COLLECT
Account information: when your institution's workspace is created, or a staff member accepts an
invitation, we collect the name, email address, and a securely hashed password needed to
authenticate you.
Institution and role data: your institution's name, the roles assigned to each staff member, and
which deals each person has worked with.
Loan and project data you enter: parcels, instruments, syndication participants, underwriting
inputs, draw requests and approvals, covenant test readings, document checklists, borrower
submissions, and related records you or your staff enter into the Service ("Your Data"). This may
include personal information about a borrower's principals or guarantors where you choose to enter
it. We process Your Data as a service provider acting on your instructions, not for our own
independent purposes.
AI assistant conversations: if a user sends a message to the optional in-app AI assistant (Terms
§4), the message and the specific project data needed to answer it are sent to our AI provider,
Anthropic, to generate a response. We do not send data to Anthropic for any project where the
assistant feature has not been used.
Billing information: if your institution subscribes to a paid plan, our payment processor collects
and stores your payment method directly; we receive only the subscription status, plan, and amounts
necessary to administer your account, never your full card number.
Usage and log data: standard server logs (IP address, timestamps, request paths, error details)
generated by ordinary operation of the Service, used for security monitoring, debugging, and abuse
prevention.
2. HOW WE USE INFORMATION
We use the information above to: provide, maintain, and secure the Service; authenticate sign-ins
and enforce the role-based access controls and maker-checker rules your institution relies on;
respond to support requests; detect and prevent fraud, abuse, and security incidents; and comply
with legal obligations. We do not sell Your Data, and we do not use it to train any product outside
the Service or for advertising purposes.
3. SUBPROCESSORS
We use a small number of third-party service providers to operate the Service, each limited to the
function described:
- Database hosting (Neon, Inc.): hosts each institution's own, fully separate database. Your Data
is never stored in a database shared with any other institution.
- Application hosting (Vercel, Inc.): runs the Service's application code and terminates HTTPS
connections.
- Payment processing (Stripe, Inc.): processes subscription payments and stores payment methods on
our behalf. We never receive or store full card numbers.
- AI assistant (Anthropic, PBC): ONLY if and when a user sends a message to the optional AI
assistant, the message and the specific project data needed to answer it is sent to Anthropic's
API to generate that response. Anthropic's standard commercial API terms, at the time this policy
was written, state that it does not use API customer data to train its models; confirm Anthropic's
current terms, and consider a stricter data-use agreement with Anthropic directly, before relying
on this for a particularly sensitive deployment. This is the one subprocessor that can see the
actual content of a project's figures, not just account metadata -- it is why the feature can be
turned off per institution (Terms §4).
Each subprocessor is contractually limited to using the information it receives only to perform the
service it provides to us, and is not authorized to use it for its own independent purposes. We
will provide reasonable advance notice before adding a new subprocessor that would process Your
Data, and will update this list accordingly.
4. DATA RETENTION
We retain Your Data for as long as your institution's workspace is active. If your subscription
ends or your workspace is terminated, we retain Your Data for a reasonable export period (see Terms
of Service §9) before permanently deleting it, including your institution's dedicated database,
from our production systems, except where a longer retention period is required by law or necessary
to resolve disputes or enforce our agreements. Backup copies retained by our database provider may
persist for a limited additional period (currently up to 24 hours of point-in-time recovery history)
before being overwritten.
5. DATA SECURITY
See the Security Overview (GET /api/saas/platform/security) for the full description. In summary:
data is encrypted in transit; each institution's data lives in its own fully separate database, not
a shared schema or a shared table; sensitive control-plane secrets (each institution's own database
connection string) are encrypted at rest; passwords are hashed with bcrypt, never stored in plain
text; and access within an institution is further limited by the role each staff member is assigned.
No method of transmission or storage is perfectly secure, and we cannot guarantee absolute security.
If we become aware of a breach affecting Your Data, we will notify your institution without undue
delay, and in any event within 72 hours of confirming the breach, as further described in the Data
Processing Agreement.
6. YOUR RIGHTS AND CHOICES
You may access, correct, export, or request deletion of information in your account by using the
Service's own account screens, or by contacting us at the address below. An institution's Admin may
disable a staff member's access at any time; disabling access immediately revokes that person's
active sessions. Where applicable law gives you additional rights over personal information (such
as the right to request a copy of what we hold about a person, or to request its deletion subject
to the retention needs described above), you may exercise those rights by contacting us.
7. CHILDREN
The Service is a B2B product intended for use by lending-institution professionals acting on behalf
of their employer. It is not directed to, and we do not knowingly collect information from,
individuals under 18.
8. CHANGES TO THIS POLICY
We may update this Privacy Policy from time to time, with the same notice practice described in the
Terms of Service for material changes.
9. CONTACT
Questions about this Privacy Policy, or requests regarding your information, can be sent to
sales@polyapps-ai.com.