Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you and NextPhase Labs LLC ("NextPhase Labs," "we," "us," or "our"). They govern your use of:

• our website at www.usenextphase.com (the "Site");
• our client portal at app.usenextphase.com (the "Portal");
• our phone lines, including our AI receptionist; and
• our text messaging (SMS) program.

By using any of them, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use them.

2. Service Agreements

Installation, managed IT, web development and other work we perform for clients is governed by the service agreement, proposal or Master Service Agreement ("Service Agreement") between the client and NextPhase Labs. If these Terms conflict with a Service Agreement, the Service Agreement controls.

3. Use of the Site

You agree not to:

• Systematically retrieve data or content from the Site or Portal to build a database or directory without our written permission.
• Circumvent, disable or interfere with security features, or attempt to access accounts or data that are not yours.
• Interfere with, disrupt or place an undue burden on the Site, the Portal or connected networks.
• Submit false information, or use our forms, phone lines or text messaging to send spam or unlawful content.
• Use the Site or its content to compete with us.

4. Client Portal

Portal access is by invitation only. You are responsible for keeping your login credentials confidential and for activity under your account. Tell us promptly at info@usenextphase.com if you believe your account has been compromised. We may suspend or remove access to protect the Portal, your business or other clients, or when a client relationship ends.

Through the Portal you may view invoices, save a payment method and pay balances. Card payments are processed by Stripe. By saving a payment method, you authorize us to charge it for amounts you approve, including payments you make through a payment link we send you. Payment links are tied to a single invoice; anyone holding the link can pay it, so do not share it with people who should not pay on your behalf.

Documents you sign electronically in the Portal by typing your name are binding to the same extent as a handwritten signature.

5. Phone Calls and AI Receptionist

Some calls to NextPhase Labs are answered by an AI receptionist, an automated voice assistant, not a person. Calls may be recorded, transcribed and summarized. By staying on the line you consent to this, as described in our Privacy Policy. Before discussing account details, the AI receptionist verifies you with a one-time code sent to the email address on file. The AI receptionist can make mistakes; information it gives you about pricing, scheduling or your account is not binding until confirmed in writing by NextPhase Labs.

6. Text Messaging Terms

Program: NextPhase Labs sends text messages about appointment scheduling and confirmations, service and support updates, replies to your inquiries, and account notices such as invoices and payment reminders.

Opting in: You agree to receive texts from us when you give us your mobile number and consent to receive texts, for example on a form, by texting us first, or by telling us. Consent to receive text messages is not a condition of purchasing any goods or services.

• Message frequency varies.
• Message and data rates may apply.
• To stop receiving messages, reply STOP at any time. You will receive one message confirming you have been unsubscribed. To resume, reply START.
• For help, reply HELP or email info@usenextphase.com.
• Carriers are not liable for delayed or undelivered messages.
• You confirm you are the account holder of the mobile number you provide, or have the account holder’s permission to use it. Tell us if you change or give up that number.

We handle your mobile number and messaging consent as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

7. Intellectual Property

Unless otherwise indicated, the Site and Portal, including their source code, designs, text, photographs and graphics (the "Content"), and the trademarks and logos on them (the "Marks"), are owned or licensed by us and protected by copyright and trademark laws. Third-party marks, such as those of equipment manufacturers, belong to their owners. Content you upload to the Portal remains yours; you give us permission to use it to provide the Services.

8. Third-Party Services and Links

The Site and Portal link to or rely on third-party services, such as payment processing and accounting. We are not responsible for third-party websites or services, and their own terms and privacy policies apply to your use of them.

9. Disclaimer

THE SITE, PORTAL, AI RECEPTIONIST AND TEXT MESSAGING ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THEM. WARRANTIES FOR WORK WE PERFORM, IF ANY, ARE SET OUT IN YOUR SERVICE AGREEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE, PORTAL, AI RECEPTIONIST OR TEXT MESSAGING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR WORK WE PERFORM IS GOVERNED BY YOUR SERVICE AGREEMENT.

11. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles.

12. Changes to Terms

We may change these Terms at any time. Changes take effect when posted on this page with a new "Last Updated" date. Continuing to use the Site, Portal, phone lines or text messaging after a change means you accept the updated Terms.

13. Contact Us

Questions about these Terms can be sent to:

NextPhase Labs LLC
New York, NY
Email: info@usenextphase.com