Customer Support is provided through the Platform and our support resources. Many customers have access to 24/7 live human support based on their plan and support channel availability.

It’s important that you review and understand these terms before using our platform and services.
If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services.

These Terms of Service ("Terms") govern your access and use of our platform (the "Platform") and services (the "Services") provided by NextAIQ LLC ("NextAIQ", "we", "our", or "us"). By accessing or using our Platform or Services, you agree to these Terms.

If you have questions or need modifications for your situation, consult with an attorney. NextAIQ does not provide legal advice.

1. What These Terms Cover


1.1. What These Terms Cover. These Terms govern your access and use of the Platform and Services.

2. Who is Involved


2.1. Who is Involved. These Terms apply to you and any user who accesses or uses the Platform
under your account (collectively, "you", "your" or "Customer").

2.2. If you accept these Terms on behalf of an entity or other organization, you represent and
warrant that you have the authority to do so.

3. Changes to These Terms


3.1. Changes to These Terms. We may modify these Terms at any time. If we do, we will post the
updated Terms on our Platform or website, and update the "Last Updated" date above. If you
continue to use the Platform or Services after the Terms are updated, you agree to the updated
Terms.

4. Account Registration


4.1. Account Registration. To access and use certain features of the Platform and Services, you
must create an account. You agree to provide accurate and complete information when creating
your account, and to keep that information updated.

4.2. Account Security. You are responsible for maintaining the confidentiality of your account
credentials and for all activities that occur under your account. You agree to notify us immediately
of any unauthorized use of your account.

5. Use of the Platform


5.1. Use of the Platform. You agree to use the Platform and Services only for lawful purposes and
in accordance with these Terms. Use of Communication Services is subject to Sections 6.3 through 6.14.

5.2. Prohibited Uses. You agree not to:


(a) use the Platform or Services in any way that violates any applicable federal, state, local, or international law or regulation;


(b) use the Platform or Services to send spam or other unsolicited messages;


(c) use the Platform or Services to impersonate or attempt to impersonate NextAIQ, a NextAIQ employee, another user, or any other person or entity;


(d) use the Platform or Services to harass, abuse, threaten, defame, or otherwise infringe on the rights of others;
(

e) use the Platform or Services to upload, post, transmit, or otherwise make available any content that is illegal, harmful, defamatory, obscene, or otherwise objectionable;


(f) use the Platform or Services to transmit any viruses, worms, or other malicious code;


(g) attempt to gain unauthorized access to the Platform, other accounts, or computer systems or networks connected to the Platform;


(h) interfere with or disrupt the integrity or performance of the Platform or Services;


(i) use the Platform or Services to scrape, data mine, or otherwise extract data from the Platform;


(j) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or Services;


(k) use the Platform or Services to develop or create a competing product or service; or


(l) use the Platform or Services for any purpose that is prohibited by these Terms;


(m) use the Platform to place outbound calls or send messages in violation of applicable consent, Do-Not-Call, spoofing, disclosure, or recording laws, or carrier/provider policies; or


(n) use scraped, purchased, or otherwise unauthorized contact lists for outbound calling or messaging without verifiable consent.

6. Third Party Services


6.1. Third Party Services. The Platform and Services may integrate with or rely on third party
services, such as payment processors, telecommunication providers, and other software services
("Third Party Services"). Your use of Third Party Services is subject to the terms and conditions of
those third parties. We are not responsible for the performance, availability, or content of Third
Party Services.

6.2. Third Party Fees. You are responsible for any fees charged by Third Party Services.

6.3. Communication Services. The Platform and Services may include SMS, MMS, email, voice calling, call routing, and related messaging or automation capabilities (collectively, "Communication Services"). You are solely responsible for all communications sent, initiated, or caused to be sent using the Platform, including communications sent automatically via workflows you configure.

6.4. Platform Provider Role for Communications. NextAIQ provides the Platform and Communication Services as a technology and communications application provider only. NextAIQ does not create, initiate, or select recipients for communications, and does not control the content, timing, or destination of communications transmitted using the Platform. For all legal and regulatory purposes, you (and/or your customer, where applicable) are the "sender," "caller," "advertiser," "telemarketer," and/or "initiator" of communications transmitted using the Platform.

6.5. Telecommunications Compliance; Consent Records. You are solely responsible for complying with all laws, regulations, and industry rules that apply to your marketing, advertising, and communications using the Platform, including requirements related to consent, disclosures, opt-outs, Do-Not-Call obligations, call recording/monitoring, caller ID practices, and messaging/voice registrations (including A2P/10DLC where applicable), as well as applicable carrier and telecommunications provider policies. You represent and warrant that you have obtained all required consents, permissions, and authorizations before contacting any recipient using the Platform. You will maintain accurate and complete records of consent and compliance ("Consent Records") and will promptly provide such records upon request.

6.6. Outbound Calling (Permission-Based). If you use the Platform to place outbound calls (including by automated workflow, AI agent, autodialer, or other automated calling technology), you agree that outbound calling through the Platform is permission-based and must respect recipients.

(a) Allowed Uses. Outbound calling is intended for: requested callbacks; existing customer communications; appointment confirmations, reminders, and reschedules; warm leads with documented opt-in; and operational follow-up tied to a recipient’s request or existing relationship.

(b) Prohibited Uses. You will not use the Platform for: cold outreach to consumers using automated/AI calling without the appropriate legal consent; robocall blasting or mass list-based dialing without verifiable consent; calling numbers sourced from scraping or purchased lists without compliant Consent Records for each number; caller ID spoofing or misrepresentation of identity, affiliation, or intent; or harassment or repeated unwanted contact.

(c) Disclosures and Opt-Outs. You will ensure required disclosures are delivered, including clear identification of the business and purpose of the call, call recording/monitoring disclosures where applicable, and disclosure of AI/automated interaction when required by law or policy. You will provide and honor opt-outs, maintain an internal Do-Not-Call list, and apply suppression lists prior to placing outbound calls.

6.7. Compliance Safety Suspension. NextAIQ may take protective action regarding Communication Services (including outbound calling) if NextAIQ reasonably believes your use violates law or provider policies, creates carrier enforcement risk, generates abnormal complaint volume, or otherwise creates legal, operational, or reputational risk. Protective action may include requesting information, restricting features, suspending Communication Services, or suspending/terminating access to the Platform.

You agree to cooperate promptly with reasonable requests related to compliance and platform safety, including providing Consent Records and other documentation, suppression lists, scripts/openers, and campaign configuration details.

6.8. Flow-Down Policies; Third-Party Requirements. Communication Services may be provided, enabled, or constrained by Third Party Services (including telecommunications providers, carriers, and AI vendors). You agree to comply with applicable third-party terms, policies, and technical requirements governing those services, which may include acceptable use policies, messaging/voice policies, registration requirements (including A2P/10DLC), rate limits, and content restrictions. Such third-party policies are incorporated by reference to the extent necessary for lawful use and platform safety.

6.9. Phone Numbers; Availability; Release and Porting. Phone numbers, sender identities, and related routing resources used with Communication Services may be provided by Third Party Services and are subject to availability and provider rules. NextAIQ does not guarantee the continued availability of any phone number. If Communication Services are terminated, canceled, or suspended (including for nonpayment or compliance risk), phone numbers may be removed, released, reclaimed, or made unavailable by third parties. If number porting is available, it is subject to third-party requirements and timelines, and you are responsible for submitting and completing any port-out requests before applicable release or termination deadlines.

6.10. AI/Automated Interactions; Output Review. Certain features may use automated systems or artificial intelligence ("AI") to generate or assist with communications. You are responsible for reviewing and approving any AI-generated content, scripts, summaries, or suggested actions before use where human review is appropriate for your use case. You agree that AI outputs may be inaccurate or incomplete and are not professional advice. You are responsible for configuring disclosures where required, including disclosure of AI/automated interaction when required by law or policy.

6.11. Support; Availability; Maintenance. Support is provided on a commercially reasonable efforts basis through the support channels we make available. NextAIQ may perform maintenance or updates that may temporarily limit access to some features. NextAIQ does not guarantee uninterrupted availability of the Platform, Communication Services, or integrations, and availability may be affected by Third Party Services and factors outside NextAIQ’s control (as described in Section 6.1).

6.12. Beta and Experimental Features. From time to time, NextAIQ may offer beta, experimental, early-access, or preview features ("Beta Features"). Beta Features may be modified, limited, or discontinued at any time. Beta Features may be unstable or behave unexpectedly, and are provided “as is” and “as available” without any warranties or service level commitments.

6.13. Monitoring; Abuse Prevention. NextAIQ may monitor Platform usage metrics and signals (including volumes, rates, error patterns, and complaint indicators) to protect the Platform, our providers, carriers, and other customers, to investigate suspected fraud or misuse, and to enforce these Terms and applicable policies. We may require additional information or documentation as a condition of continued access to Communication Services, including documentation related to consent and compliance as described in Sections 6.5 and 6.7.

6.14. Changes to Integrations. Third Party Services, APIs, carrier rules, and marketplace requirements may change over time and may affect the availability, behavior, or configuration of integrations and Communication Services. NextAIQ is not responsible for third-party changes and does not guarantee that any integration will remain available. You are responsible for maintaining your configurations and workflows and for using the Platform in a manner consistent with current third-party requirements.

7. Fees and Payment


7.1. Fees and Payment. You agree to pay all fees and charges associated with your use of the
Platform and Services, as described on our website or in any order form.

7.2. Fee Changes. We may change our fees at any time. If we do, we will provide notice by
posting the updated fees on our website or Platform. Your continued use of the Platform and
Services after the fee change constitutes your acceptance of the new fees.

7.3. Payment Methods. You must provide a valid payment method to pay for the Platform and
Services. By providing a payment method, you authorize us to charge that payment method for all
fees and charges.

7.4. Late Payments. If your payment is late or fails, we may suspend or terminate your access to
the Platform and Services.

7.5. Taxes. You are responsible for all applicable taxes, duties, and other governmental charges.

8. Term and Termination


8.1. Term. These Terms begin when you accept them and continue until terminated.

8.2. Termination by You. You may terminate these Terms by canceling your account at any time.

8.3. Termination by Us. We may terminate or suspend your access to the Platform and Services
at any time, with or without notice, if:


(a) you violate these Terms;


(b) you fail to pay fees when due;


(c) we believe your use of the Platform or Services poses a risk to us, our users, or third parties; or


(d) we are required to do so by law.

8.4. Effect of Termination. Upon termination, your right to access and use the Platform and
Services will cease immediately.

8.5. Effect of Termination on Communication Services. Upon termination (including cancellation or suspension), Communication Services may be disabled immediately. Phone number availability, release, and porting are governed by Section 6.9.

8.6. Data Export and Deletion. You are responsible for exporting any data, content, contact lists, configurations, or other information you want to retain before termination or loss of access. After termination, NextAIQ may delete or remove your data from the Platform in accordance with our Privacy Policy and/or then-current data retention practices, subject to applicable law and any written agreement between you and NextAIQ.

9. Intellectual Property


9.1. Platform Ownership. We own all rights, title, and interest in and to the Platform and Services,
including all intellectual property rights.

9.2. Your Content. You retain ownership of any content you upload, post, or transmit through the
Platform ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to use,
copy, modify, distribute, and display Your Content solely to provide and improve the Platform and
Services.

9.3. Feedback. If you provide feedback or suggestions about the Platform or Services, you grant us
a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use that feedback for any
purpose.

10. Privacy


10.1. Privacy. Our collection and use of personal information is governed by our Privacy Policy (available at https://www.nextaiq.com/privacy), which is incorporated into these Terms by reference.

10.2. Customer Data Responsibilities. You are responsible for the personal data you collect, upload, or process using the Platform, including providing required notices and obtaining required consents, honoring individual rights requests as required by law, and complying with your data retention and deletion obligations. You will promptly notify NextAIQ if you believe personal data processed through your account has been accessed or disclosed in a manner that triggers legal notification obligations for you.

11. Disclaimer of Warranties


11.1. Disclaimer of Warranties. The Platform and Services are provided "as is" and "as available"
without warranties of any kind, either express or implied. To the maximum extent permitted by law,
we disclaim all warranties, including implied warranties of merchantability, fitness for a particular
purpose, and non-infringement.

12. Limitation of Liability


12.1. Limitation of Liability. To the maximum extent permitted by law, in no event will NextAIQ
or its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect,
incidental, special, consequential, or punitive damages, including lost profits, arising out of or
related to your use of the Platform or Services.

12.2. Liability Cap. Our total liability to you for any claims arising out of or related to these Terms,
the Platform, or the Services will not exceed the amount you paid to us in the 12 months preceding
the event giving rise to the claim.

13. Indemnification


13.1. Indemnification. You agree to defend, indemnify, and hold harmless NextAIQ and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to:
(a) your violation of these Terms;
(b) your use of the Platform or Services;
(c) your infringement of any intellectual property or other right of any person or entity; or
(d) your use of Communication Services or outbound calling, including any alleged violations of TCPA/TSR/Do-Not-Call laws, call recording laws, spoofing laws, or carrier/provider policies.

14. Governing Law


14.1. Governing Law. These Terms will be governed by and construed in accordance with the
laws of the State of Nevada, without regard to its conflict of law principles.

15. Dispute Resolution


15.1. Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the
Platform, or the Services will be resolved by binding arbitration in accordance with the rules of the
 American Arbitration Association.

15.2. Class Action Waiver. You agree that any arbitration will be conducted on an individual basis
and not as a class, collective, consolidated, or representative action.

15.3. Injunctive Relief. Nothing in these Terms prevents either party from seeking injunctive or
other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement
or misappropriation of intellectual property rights.

16. Miscellaneous


16.1. Entire Agreement. These Terms, together with any order form and our Privacy Policy,
constitute the entire agreement between you and us regarding the Platform and Services.

16.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, the
remaining provisions will remain in full force and effect.

16.3. Waiver. Our failure to enforce any right or provision of these Terms will not be considered a
waiver of those rights.

16.4. Assignment. You may not assign these Terms without our prior written consent. We may
assign these Terms at any time without notice.

16.5. Force Majeure. We will not be liable for any failure or delay in performance due to causes
beyond our reasonable control.

16.6. Notices. We may provide notices to you via email or through the Platform. You may provide notices to us through the support channels made available in the Platform. If you are sending a formal legal notice to NextAIQ, you may also send it by mail to:

NextAIQ LLC

732 S 6th St. Suite 4853,

Las Vegas NV 89101.

16.7. Contact Information. For questions about these Terms, please use the support channels made available in the Platform or our Contact page at https://www.nextaiq.com/contact.

16.8. Order of Precedence. If you enter into an order form or written agreement with NextAIQ for the Services, that document will control in the event of a direct conflict with these Terms, solely as to the subject matter of such conflict. These Terms control over any conflicting customer purchase terms. Policies and documents incorporated by reference (including the Privacy Policy and any third-party policies referenced for Communication Services) apply to the extent described herein.