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Terms and Conditions

Last Updated: March 26, 2025

These Terms and Conditions ("Terms") form a legally binding agreement between you ("Client," "User," or "you") and Next Digit, Inc. ("Next Digit," "we," "us," or "our"), a California-based corporation, governing your use of our call center solutions, CRM systems, telephony services, APIs, websites, and any other platforms or services we provide (collectively, the "Services").

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. Service Overview

Next Digit provides cloud-based call center solutions including:

  • Predictive and power dialers
  • Hosted PBX and IVR systems
  • Voice, SMS, email, and multi-channel communication tools
  • CRM integrations and automation workflows
  • Lead management, scoring, and routing
  • API and webhook access for data synchronization
  • Agent monitoring, reporting, and quality assurance tools

Services are designed for professional and commercial use only.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing the Services on behalf of a company or organization, you represent and warrant that you are authorized to bind that entity.

3. Changes to Terms

We may revise these Terms at any time. Updated Terms will be posted on our website, and your continued use of the Services constitutes acceptance of the new Terms.

4. Account Registration and Access

You agree to:

  • Provide accurate registration information
  • Maintain the confidentiality of your credentials
  • Notify us of any unauthorized access

You are responsible for all activities under your account.

5. Service Availability and Maintenance

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted access. We may perform maintenance with or without notice. Downtime does not entitle you to a refund unless otherwise specified in a separate Service Level Agreement (SLA).

6. Acceptable Use Policy

You agree not to:

  • Use the Services for spam, fraud, harassment, or unlawful activity
  • Send unsolicited communications without appropriate consent
  • Abuse dialing systems, voice bots, or SMS automations
  • Use lead data without proper authorization or consent

Violation may result in suspension or termination of your account.

7. Compliance with Laws

You are solely responsible for complying with all applicable laws, including:

  • Telephone Consumer Protection Act (TCPA)
  • CAN-SPAM Act
  • California Consumer Privacy Act (CCPA)
  • General Data Protection Regulation (GDPR), if applicable

8. Call Recording and Monitoring

Our Services may include call recording, live monitoring, or transcription. You are solely responsible for obtaining all necessary consents from call participants and ensuring compliance with local, state, and federal laws.

9. Lead and Customer Data

You retain ownership of all lead and customer data you upload. You grant us a license to store, process, and transmit such data for the purpose of providing Services.

You represent and warrant that:

  • You have obtained all necessary consents for data usage
  • The data does not infringe any third-party rights

10. CRM and Integrations

Our CRM tools allow you to store, track, and manage leads. Integrations with third-party platforms (e.g., Shopify, Calendly, Zapier) are provided as-is. We are not responsible for errors or outages caused by third-party systems.

11. API Access and Rate Limits

If you access our APIs, you agree to:

  • Use only for authorized business purposes
  • Abide by rate limits and security policies
  • Not share API keys publicly or with unauthorized users

12. Invoicing and Payment

You agree to pay all applicable fees, including:

  • Subscription charges
  • Usage-based fees (e.g., per-minute call time, SMS volume)
  • Setup, onboarding, or customization fees

Invoices are due per your plan terms. Late payments may incur service suspension, interest, or collection action.

13. Taxes

All fees are exclusive of applicable taxes. You are responsible for all federal, state, local, or foreign taxes associated with your use of the Services.

14. Refunds and Credits

All payments are non-refundable unless otherwise stated in a service agreement. We may issue service credits at our discretion in the event of service interruptions exceeding 24 hours.

15. Termination

We may suspend or terminate your access for:

  • Breach of these Terms
  • Non-payment
  • Legal or regulatory risk

Upon termination, you must stop using the Services, and we may delete your data unless otherwise agreed.

16. Data Security

We implement commercially reasonable security measures, including:

  • TLS encryption
  • Access controls and user roles
  • Routine system audits and monitoring

You are responsible for securing your access credentials and endpoint devices.

17. Confidentiality

Each party agrees to maintain the confidentiality of proprietary or sensitive information exchanged under these Terms. This obligation survives termination for five (5) years.

18. Intellectual Property

All software, documentation, trademarks, and intellectual property developed or provided by us remains our property. You may not copy, alter, or distribute it without written consent.

19. Client Branding and Testimonials

With your consent, we may display your company name and logo for promotional purposes. You may withdraw consent at any time in writing.

20. Indemnification

You agree to indemnify and hold harmless Next Digit from any claims, liabilities, or expenses resulting from:

  • Your breach of these Terms
  • Your misuse of the Services
  • Your violation of applicable laws or rights of others

21. Disclaimers

Services are provided "as is" without warranties of any kind. We disclaim all warranties, including fitness for a particular purpose and non-infringement. We do not guarantee call connection quality, lead conversion, or business outcomes.

22. Limitation of Liability

To the fullest extent permitted by law, our liability is limited to the amount you paid in the three (3) months prior to the claim. We are not liable for indirect, incidental, or consequential damages.

23. Force Majeure

We are not liable for delays or failure due to events beyond our control, including but not limited to natural disasters, network outages, labor disputes, or government actions.

24. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the state or federal courts located in California, and you consent to their jurisdiction.

25. Arbitration

Disputes not resolved informally shall be settled through binding arbitration under the rules of the American Arbitration Association, held in California. Each party will bear its own legal costs unless otherwise determined.

26. Entire Agreement

These Terms, along with our Privacy Policy and any applicable order forms, constitute the entire agreement and supersede all prior agreements.

27. Contact Information

For questions or legal inquiries, contact:

Next Digit, Inc.
303 N Glenoaks Blvd Suite 200
Glendale, CA 91502
United States
Website: www.nextdigit.com
Email: info@nextdigit.com
Phone: 1 (818) 488-5588