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.

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.

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. 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

5. 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

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. Contact Information

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