Terms of Service

1. Agreement to Terms

Welcome to NXTLVL AI Solutions. These Terms of Service ("Terms") govern your access to and use of our AI voice and chat agent services, website, and related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Services.

Additional order forms, statements of work, business associate agreements, data processing terms, platform terms, or feature terms may apply to specific services. If those written terms conflict with these Terms, the written terms control for the covered services.

2. Description of Services

NXTLVL AI Solutions provides AI-powered voice and chat agents that businesses use to:

• Answer incoming phone calls
• Respond to chat inquiries
• Book appointments and schedule meetings
• Qualify leads and capture customer information
• Provide 24/7 customer support coverage

Our Services are provided on a subscription or custom contract basis, as detailed in your service agreement.

Services may include websites, forms, CRM workflows, calendars, voice agents, SMS, email, web chat, AI-generated content, integrations, support, consulting, training, and related communications. We may update, add, remove, suspend, or modify features from time to time.

3. Account Registration

To use our Services, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access

You are responsible for all activities that occur under your account.

4. Electronic Communications

By creating an account, submitting a form, signing up, or using our Services, you consent to receive electronic communications from us, including notices posted on our website, emails, calls, and text messages where permitted. Electronic notices satisfy legal requirements that communications be in writing.

5. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services or servers
• Transmit any viruses, malware, or harmful code
• Impersonate any person or entity
• Use the Services to spam, harass, or abuse others
• Reverse engineer or attempt to extract source code
• Use the Services in any manner that could disable or overburden our infrastructure
• Upload, import, or use contact data, marketing lists, recordings, content, or messages without all required rights, notices, permissions, consents, and lawful bases
• Use the Services to send unlawful, unsolicited, deceptive, harassing, discriminatory, or abusive calls, emails, SMS, or other communications

6. Communications Compliance

You are responsible for complying with laws that apply to your communications, campaigns, contacts, callers, customers, staff, and end users, including privacy, consumer protection, telemarketing, email, call recording, artificial intelligence disclosure, and text messaging rules.

You represent that you have all required rights, notices, permissions, opt-ins, and lawful bases for any contact data, messages, scripts, recordings, AI prompts, or other materials you provide or ask us to use. You are responsible for maintaining your own consent records and honoring opt-out requests.

If you provide your phone number to NXTLVL AI Solutions LLC and opt in, you authorize us to call or text you for informational, transactional, and/or promotional purposes according to the consent you provide. Messages may be sent using automated technology. Message and data rates may apply, message frequency varies, consent is not a condition of purchase, HELP provides help, and STOP unsubscribes.

7. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection and use of information as detailed in the Privacy Policy.

As a client, you are responsible for:

• Providing appropriate notice to end-users about AI interaction
• Obtaining necessary consents for call recording where required by law
• Ensuring your use of our Services complies with applicable data protection laws
• Maintaining the confidentiality of any sensitive information shared through our Services

You retain ownership of business content, customer content, contact data, and other materials you provide, subject to any separate written agreement. You grant us the rights needed to host, process, transmit, display, adapt, troubleshoot, secure, support, and improve the Services and to deliver communications to the recipients or audiences you designate.

8. Intellectual Property

All content, features, and functionality of our Services - including but not limited to text, graphics, logos, and software - are owned by NXTLVL AI Solutions and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your business purposes in accordance with these Terms.

9. Payment Terms

Fees for our Services are as specified in your service agreement or order form. You agree to:

• Pay all fees in accordance with the payment terms
• Provide valid and current payment information
• Accept that fees are non-refundable unless otherwise specified

We reserve the right to change our pricing with 30 days' notice.

Subscription fees may recur monthly, annually, or on another billing cycle described at checkout or in your order. By providing a payment method, you represent that you are authorized to use it and authorize us and our payment processor to charge applicable fees, taxes, usage charges, renewals, and approved adjustments until the subscription is canceled or terminated.

10. Cancellation and Trials

Cancellation terms are governed by your order form, checkout terms, or service agreement. Unless otherwise stated in writing, cancellation takes effect at the end of the then-current billing period, and inactivity does not automatically cancel a subscription. Any free trial, beta, or pilot may be modified, limited, or ended at our discretion unless a written agreement says otherwise.

11. Service Level and Availability

We strive to maintain high availability and performance of our Services. However, we do not guarantee uninterrupted access. The Services may be temporarily unavailable for maintenance, updates, or factors beyond our control.

We will make reasonable efforts to provide advance notice of scheduled maintenance.

12. Third-Party Services

Our Services may link to, rely on, or integrate with third-party services, including CRM, calendar, hosting, analytics, payment, email, SMS, voice, AI, social media, domain, and workflow providers. Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party content, availability, security, changes, errors, or failures.

13. Limitation of Liability

To the maximum extent permitted by law, NXTLVL AI Solutions and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or goodwill
• Service interruptions or system failures
• Unauthorized access to or alteration of your data
• Errors, mistakes, or inaccuracies in the Services

Our total liability for any claims arising from or relating to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless NXTLVL AI Solutions and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another. This includes claims related to your contact data, content, communications, marketing campaigns, consent records, industry compliance, end-user notices, recordings, or use of third-party services.

15. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease
• All provisions of these Terms which by their nature should survive termination shall survive
• We may retain certain data as required by law or for legitimate business purposes

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any legal action arising from these Terms shall be brought in the state or federal courts located in Utah County, Utah.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website. Your continued use of the Services after changes constitutes acceptance of the revised Terms.

18. HIPAA Compliance

For healthcare clients, we will execute Business Associate Agreements (BAAs) as required by HIPAA. Our AI agents are designed to support HIPAA compliance, but clients are responsible for implementing appropriate safeguards and ensuring their use of our Services complies with HIPAA requirements.

19. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with any service agreements or order forms, constitute the entire agreement between you and NXTLVL AI Solutions regarding the Services and supersede all prior agreements and understandings.

22. Contact Information

If you have any questions about these Terms, please contact us: