Technology Services Agreement

"Services" refers to all technology products and features included in the NexLvel Business Technology Package, including but not limited to: AI Social Media Marketing, AI Website Builder, AI Phone Answering & Scheduling, AI Avatar Video Production, Business Listings & SEO, Google Ads Management, YouTube Ads & Channel Management, Email & Text Blast Marketing, Reputation Monitoring, QR Code Generation, and any add-on services.

"Subscriber" or "Client" refers to the individual or business entity that subscribes to any NexLvel Business Technology Package tier or add-on.

"Content" refers to any text, images, videos, audio, social media posts, advertisements, blog posts, or other materials created, generated, or distributed through the Services.

"Platform" refers to the NexLvel website, applications, APIs, and all associated technology infrastructure.

NexLvel provides AI-powered marketing and business technology tools designed to assist Subscribers in managing their digital presence. The specific features available to each Subscriber depend on the selected tier (Starter, Professional, Growth, or Enterprise) and any active add-ons.

NexLvel reserves the right to modify, update, or discontinue any feature or service at any time with reasonable notice to Subscribers. Feature availability may vary based on third-party service providers, API availability, and platform capabilities.

3.1 Billing Cycle. Subscriptions are billed on a monthly or annual basis, depending on the plan selected. Annual plans receive a discount as displayed at the time of purchase.

3.2 Auto-Renewal. All subscriptions automatically renew at the end of each billing period unless canceled by the Subscriber prior to the renewal date. Cancellation takes effect at the end of the current billing period; no partial refunds will be issued for unused time within a billing cycle.

3.3 Setup Fees. Certain add-on services require a one-time setup fee as disclosed at the time of purchase. Setup fees are non-refundable once the setup process has begun.

3.4 Overage Charges. Usage beyond the limits included in the Subscriber's tier (e.g., additional email blasts, text blasts, or blog posts) will be billed at the overage rates disclosed on the pricing page. Subscribers will be notified when approaching usage limits.

3.5 Price Changes. NexLvel reserves the right to adjust pricing with 30 days' written notice. Existing Subscribers will be notified via email before any price increase takes effect on their next renewal.

4.1 Nature of AI Content. The Services utilize artificial intelligence to generate, suggest, and optimize content including social media posts, blog articles, ad copy, video scripts, and marketing materials. AI-generated content is produced by machine learning algorithms and may contain errors, inaccuracies, or content that does not perfectly align with the Subscriber's brand voice or messaging.

4.2 Subscriber Responsibility. The Subscriber is solely responsible for reviewing, approving, and publishing all content generated through the Services. NexLvel strongly recommends that Subscribers review all AI-generated content before publication. By publishing or distributing any content created through the Services, the Subscriber assumes full responsibility for that content.

4.3 No Guarantee of Accuracy. NexLvel does not guarantee the accuracy, completeness, originality, or suitability of any AI-generated content. The Subscriber acknowledges that AI systems may produce content that is factually incorrect, culturally insensitive, or otherwise inappropriate, and agrees to implement appropriate review processes.

4.4 Intellectual Property. Content generated through the Services using the Subscriber's account is licensed to the Subscriber for their business use. However, NexLvel retains the right to use anonymized, aggregated data to improve its AI models and services. The Subscriber warrants that any input data, brand assets, or materials provided to the AI systems do not infringe on third-party intellectual property rights.

5.1 Service Nature. The AI Phone Answering service uses artificial intelligence to handle incoming calls, provide information, and schedule appointments on behalf of the Subscriber's business. The AI system is not a human operator and may not handle all call scenarios perfectly.

5.2 Limitations. NexLvel is not responsible for missed calls, incorrect scheduling, miscommunication, or any business losses resulting from the AI phone system's performance. The Subscriber should maintain backup communication channels for critical business operations.

5.3 Recording & Compliance. Call recordings and transcripts may be stored for quality improvement purposes. The Subscriber is responsible for complying with all applicable call recording laws in their jurisdiction, including obtaining necessary consent from callers where required.

6.1 Avatar Usage. AI Avatar videos are created using licensed AI avatar technology. The avatars used are not real people and are generated through artificial intelligence. Videos produced are for the Subscriber's business marketing purposes only.

6.2 Content Restrictions. Subscribers may not use AI Avatar videos to create misleading, defamatory, or fraudulent content, or to impersonate real individuals. NexLvel reserves the right to refuse or remove any video content that violates these restrictions or applicable law.

6.3 Third-Party Platforms. Distribution of AI Avatar videos on third-party platforms (YouTube, social media, etc.) is subject to those platforms' terms of service and AI content policies. NexLvel is not responsible for content removal or account actions taken by third-party platforms.

7.1 No Performance Guarantees. NexLvel manages digital advertising campaigns (Google Ads, social media ads, YouTube ads, etc.) on behalf of Subscribers. While we employ industry best practices, NexLvel does not guarantee specific click-through rates, conversion rates, cost-per-acquisition, or return on ad spend. Advertising performance depends on numerous factors including market conditions, competition, ad quality, landing page experience, and budget.

7.2 Ad Spend. Advertising budgets paid to third-party platforms (Google, Facebook, etc.) are separate from NexLvel subscription fees. The Subscriber is responsible for all ad spend charges incurred through their advertising accounts. NexLvel is not liable for unauthorized charges resulting from compromised ad accounts.

7.3 Platform Compliance. NexLvel will make reasonable efforts to ensure advertising content complies with platform policies. However, the Subscriber is ultimately responsible for ensuring their products, services, and advertising claims comply with all applicable advertising laws, FTC guidelines, and platform-specific policies.

7.4 SEO & Business Listings. Search engine optimization results are not guaranteed. Search engine algorithms change frequently, and rankings can fluctuate. Business listing accuracy depends on third-party directory platforms and may require periodic verification by the Subscriber.

8.1 Compliance. The Subscriber is solely responsible for ensuring all email and text marketing campaigns comply with applicable laws, including but not limited to the CAN-SPAM Act, TCPA (Telephone Consumer Protection Act), GDPR, and any state or local regulations governing electronic communications.

8.2 Contact Lists. The Subscriber warrants that all contacts in their marketing lists have provided appropriate consent to receive communications. NexLvel is not responsible for any legal claims, fines, or penalties resulting from the Subscriber's failure to obtain proper consent.

8.3 Deliverability. NexLvel does not guarantee email or text message deliverability rates. Delivery depends on recipient email providers, carrier networks, spam filters, and other factors beyond NexLvel's control.

9.1 Data Collection. In the course of providing Services, NexLvel may collect and process business data, customer data, analytics data, and usage data. All data handling is governed by NexLvel's Privacy Policy.

9.2 Data Security. NexLvel employs industry-standard security measures to protect Subscriber data. However, no system is completely secure, and NexLvel cannot guarantee absolute data security. The Subscriber acknowledges the inherent risks of transmitting data over the internet.

9.3 Data Ownership. The Subscriber retains ownership of their business data and customer data. Upon termination of the subscription, the Subscriber may request export of their data within 30 days. After 30 days, NexLvel may delete Subscriber data in accordance with its data retention policies.

9.4 Third-Party Integrations. The Services may integrate with third-party platforms (social media networks, Google, CRM systems, etc.). Data shared with third-party platforms is subject to those platforms' privacy policies. NexLvel is not responsible for third-party data handling practices.

10.1 Maximum Liability. To the maximum extent permitted by law, NexLvel's total aggregate liability for any claims arising out of or related to this Agreement shall not exceed the total amount paid by the Subscriber to NexLvel during the twelve (12) months immediately preceding the claim.

10.2 Exclusion of Damages. In no event shall NexLvel be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of business, loss of data, loss of goodwill, business interruption, or any damages arising from the use or inability to use the Services, even if NexLvel has been advised of the possibility of such damages.

10.3 Service Interruptions. NexLvel shall not be liable for any service interruptions, downtime, or performance issues caused by third-party service providers, internet connectivity issues, force majeure events, or scheduled maintenance.

The Subscriber agrees to indemnify, defend, and hold harmless NexLvel, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Subscriber's use of the Services
• Content created, published, or distributed through the Services
• The Subscriber's violation of any applicable law or regulation
• The Subscriber's breach of this Agreement
• Any claim by a third party related to the Subscriber's business operations, products, or services
• The Subscriber's failure to obtain necessary consents for marketing communications

12.1 By Subscriber. The Subscriber may cancel their subscription at any time through their account dashboard or by contacting NexLvel support. Cancellation takes effect at the end of the current billing period.

12.2 By NexLvel. NexLvel reserves the right to suspend or terminate a Subscriber's access to the Services immediately if the Subscriber: (a) violates this Agreement; (b) uses the Services for illegal purposes; (c) engages in activity that could harm NexLvel's reputation or other users; or (d) fails to pay subscription fees when due.

12.3 Effect of Termination. Upon termination, the Subscriber's access to the Services will cease. Any Content or data stored within the platform may be deleted after the 30-day data export window. Sections 4, 10, 11, and 13 survive termination.

13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.

13.2 Arbitration. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in [Your City, State], and the decision of the arbitrator shall be final and binding.

13.3 Class Action Waiver. The Subscriber agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The Subscriber waives any right to participate in a class action lawsuit or class-wide arbitration.

14.1 Entire Agreement. This Agreement, together with the NexLvel Terms of Service and Privacy Policy, constitutes the entire agreement between the parties regarding the subject matter hereof.

14.2 Amendments. NexLvel may update this Agreement from time to time. Material changes will be communicated via email or through the Platform. Continued use of the Services after such changes constitutes acceptance of the updated Agreement.

14.3 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.4 No Waiver. NexLvel's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

14.5 Assignment. The Subscriber may not assign or transfer this Agreement without NexLvel's prior written consent. NexLvel may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.