Terms of Service

Please read these Terms of Service ("Terms") carefully before using the NexTier platform. By creating an account or using NexTier, you agree to be bound by these Terms. If you do not agree, do not use the platform.

1. Use of the Platform

NexTier provides a personal development platform to help users set goals, build habits, reflect on progress, and access AI coaching features. The platform is intended for personal, non-commercial use by adults aged 18 and older.

2. AI-Generated Content — Important Disclaimers

AI Features on NexTier generate coaching suggestions and recommendations using large language model technology. You acknowledge and agree that:

• AI-generated suggestions are provided for informational and motivational purposes only. They are not professional advice of any kind — financial, medical, legal, psychological, or otherwise.
• AI suggestions may be inaccurate, incomplete, outdated, or not appropriate for your specific circumstances. You must use your own judgment before acting on any AI-generated content.
• NexTier AI features are not a substitute for therapy, counseling, medical treatment, or professional consultation. If you are experiencing a mental health crisis or medical emergency, contact a qualified professional or emergency services immediately.
• NexTier does not warrant that AI-generated content is accurate, complete, or suitable for any particular purpose.

3. Data Transmission and AI Features

When you use AI Features, information about your goals and context is transmitted to third-party AI providers. NexTier applies automated filters to remove personally identifiable information before transmission; however, these filters operate on a best-effort basis and are not guaranteed to remove all personal information. By using AI Features, you assume the risk of such transmission. If you are not comfortable with this, do not use AI Features.

4. Assumption of Risk and Release of Claims

YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF NEXTIER, INCLUDING AI FEATURES. BY USING THE PLATFORM, YOU RELEASE AND FOREVER DISCHARGE NEXTIER, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS ("RELEASED PARTIES") FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY AI-GENERATED CONTENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXTIER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO NEXTIER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).

7. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (a "Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. You and NexTier each waive the right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration.

Before initiating arbitration, you agree to first contact NexTier at admin@nextier.org and attempt to resolve the Dispute informally for at least thirty (30) days.

The arbitration shall be conducted in accordance with the AAA rules then in effect. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

8. Class Action Waiver

YOU AND NEXTIER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. If a court finds this class action waiver unenforceable as to a particular claim, that claim shall be severed from arbitration and proceed in court, while all other claims remain subject to arbitration.

9. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law provisions. Any court proceedings not subject to arbitration under Section 7 shall be brought exclusively in the state or federal courts located in Virginia, and you consent to personal jurisdiction in those courts.

10. Account and Billing

You are responsible for maintaining the security of your account credentials. Pro subscription features require payment. AI credit usage is governed by the credit policy in effect at the time of use. NexTier reserves the right to modify pricing with reasonable notice.

11. Prohibited Conduct

You agree not to: use the platform to harm yourself or others; reverse-engineer or attempt to extract proprietary information; use the platform for unlawful purposes; or attempt to manipulate AI features to produce harmful content.

12. Termination

NexTier may suspend or terminate your account if you violate these Terms. You may delete your account at any time. Upon termination, your right to use the platform ceases immediately.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall continue in full force and effect.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you within the platform and require your acknowledgement before you can continue using the service. Continued use after acknowledging updated Terms constitutes your acceptance.

15. Contact

Questions about these Terms may be directed to: admin@nextier.org