Legal
NxtStps, LLC — Terms of Use
Version 2.0 · Effective April 5, 2026
NXTSTPS, LLC — TERMS OF USE
Effective Date: April 5, 2026 · Last Updated: April 5, 2026 · Version: 2.0
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. YOUR AFFIRMATIVE ACCEPTANCE OF THESE TERMS THROUGH THE PLATFORM'S CLICKWRAP CONSENT MECHANISM IS REQUIRED BEFORE YOU MAY ACCESS OR USE ANY FEATURE OF THE NXTSTPS PLATFORM. IF YOU DO NOT AGREE TO ALL TERMS, YOU MUST DECLINE AND DISCONTINUE USE OF THE PLATFORM.
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and NxtStps, LLC, an Illinois limited liability company ("NxtStps," "Company," "we," "us," or "our"). These Terms govern your access to and use of the NxtStps platform, including all features, tools, workflows, AI-assisted functionality, and related services (collectively, the "Platform").
SECTION 1 — INTRODUCTION AND OVERVIEW
1.1 What NxtStps Is
NxtStps is a compliance-first administrative infrastructure platform designed to help victims of crime, victim advocates, and applicant services organizations navigate the crime victim compensation application process. The Platform provides guided intake, document management, eligibility guidance, case tracking, and compliance reporting tools.
1.2 What NxtStps Is Not
NxtStps is not a law firm, a legal services provider, a medical provider, a mental health services provider, or a government agency. The Platform does not provide legal advice, legal representation, medical advice, clinical services, or therapeutic services of any kind. No use of the Platform creates an attorney-client, therapist-client, or fiduciary relationship of any kind.
1.3 Three Account Types
The Platform serves three distinct account types, each with different access structures, responsibilities, and platform functions. Where these Terms apply differently across account types, that distinction is noted. Where no distinction is made, these Terms apply equally to all account types.
(a) Applicants are victims or survivors of violent crime, or their authorized representatives, who access the Platform directly to prepare and submit crime victim compensation applications. Applicants access the Platform at no cost. Where these Terms refer to "you" in the context of an applicant completing a personal application, those provisions apply to Applicants.
(b) Providers are victim service organizations — including community-based organizations, hospital-based victim intervention programs, law enforcement applicant services units, faith-based organizations, and educational institutions — and the advocates, case managers, and administrative staff authorized to use the Platform on their behalf. Providers access the Platform through their organization's multi-user account under a paid license agreement with NxtStps. By accepting these Terms as a Provider user, you represent that you are authorized to act on behalf of your organization and that your organization has accepted these Terms through its licensing agreement with NxtStps.
(c) Administering Agencies are government entities responsible for reviewing, processing, and making determinations on crime victim compensation applications — including state attorney general offices and their designated compensation program staff. Administering Agencies access the Platform through a separate account type with permissions scoped to oversight, reporting, and compliance functions. Administering Agency accounts are established through a separate agreement with NxtStps.
SECTION 2 — AGREEMENT TO THESE TERMS
2.1 Affirmative Acceptance Required
Access to the Platform is expressly conditioned upon your affirmative acceptance of these Terms through the Platform's clickwrap consent mechanism. Clicking "I Agree," "Accept," or an equivalent button constitutes your electronic signature and your legally binding agreement to these Terms. Passive use of the Platform does not constitute acceptance.
2.2 Capacity to Accept
By accepting these Terms, you represent that: (a) you are at least 18 years of age, or, if under 18, that a parent or legal guardian is accepting these Terms on your behalf as required by the Platform's minor consent protocols; (b) you have the legal capacity to enter into a binding agreement; (c) if accepting on behalf of an Organization, you are authorized to bind that Organization to these Terms; and (d) your use of the Platform complies with all applicable federal, state, and local laws.
2.3 Material Terms Disclosure
User acknowledges the conspicuous and material nature of the following provisions, which substantially affect your legal rights: disclaimer of legal, medical, and professional services; no duty of care; limitation of liability; indemnification obligations; mandatory arbitration and class action waiver; AI system limitations and mandatory user verification; no guarantee of application outcomes or eligibility determinations.
SECTION 3 — ACCOUNT CREATION AND SECURITY
3.1 Applicant Accounts
Applicants may create a personal account to save and manage their application materials. You are responsible for providing accurate account information and for maintaining the confidentiality of your login credentials. You must notify NxtStps immediately at legal@nxtstps.org if you believe your account has been compromised or accessed without your authorization. NxtStps will not be liable for losses caused by unauthorized account access, but you may be liable to NxtStps for losses arising from unauthorized use of your account.
3.2 Provider Accounts
Provider users access the Platform through their organization's multi-user account. The organization's designated administrator controls access permissions within the account. NxtStps is not responsible for access decisions made by your organization's administrator. If you believe your access level has been incorrectly configured, contact your organization's administrator directly.
3.3 Administering Agency Accounts
Administering Agency users access the Platform through their agency's account, which is configured with permissions scoped to their oversight function. Administering Agency accounts do not include case management, survivor intake, or document upload functions. The agency's designated account administrator controls access permissions within the account. Administering Agency accounts are established through a separate agreement with NxtStps and are not subject to the licensing terms applicable to Provider accounts.
3.4 Provider Account Authority
By creating or administering a Provider account, the designated administrator represents that they have authority to bind the organization to these Terms, to manage user access within the account, and to authorize the Platform's processing of data entered by or on behalf of the organization and its clients.
3.5 Account Security Obligations
You agree to: (a) use a strong, unique password for your Platform account; (b) not share your login credentials with any other person; (c) enable multi-factor authentication when offered; and (d) log out of the Platform when using shared or public devices. You understand and agree that NxtStps may use your telephone number to send security codes and authentication messages as part of the multi-factor authentication process, and you consent to receive such messages.
3.6 Minor Users
The Platform may be used in connection with crime victim compensation applications involving minors. Where an applicant is under 18, the application must be completed and submitted by a parent, legal guardian, or authorized representative. Such representative accepts these Terms on the minor's behalf and bears sole responsibility for the accuracy of all information submitted.
SECTION 4 — PURPOSE OF PLATFORM; NO LEGAL, MEDICAL, OR PROFESSIONAL SERVICES
4.1 Administrative and Informational Tools Only
The Platform provides administrative, clerical, and informational tools designed to support Users in gathering documentation, organizing information, preparing application materials, and facilitating submission to third-party applicant services programs and state agencies. All Platform functionality, including AI-assisted systems, operates exclusively as non-advisory, non-interpretive informational support.
4.2 No Legal Advice or Representation
NxtStps is not a law firm. No content, feature, tool, automation, AI output, or workflow available through the Platform constitutes: (a) legal advice; (b) legal interpretation of any statute, regulation, or eligibility criterion; (c) analysis of your legal rights, obligations, or remedies; (d) representation before any agency, court, or legal body; or (e) individualized or fact-specific legal guidance. No attorney-client relationship is created through use of the Platform under any circumstances.
4.3 No Medical, Clinical, or Therapeutic Services
NxtStps does not provide medical, mental health, psychological, crisis-intervention, trauma therapy, or clinical services of any kind. Users who require mental health support, crisis intervention, or medical assistance must seek qualified professional assistance. Use of this Platform does not constitute mental health treatment or therapeutic engagement.
4.4 No Guarantee of Outcomes or Eligibility
NxtStps does not guarantee, warrant, predict, or represent that any User will: (a) qualify for any victim compensation program or benefit; (b) receive any award, payment, or favorable determination; (c) avoid denial, error, or delay; or (d) meet any program-specific deadline or procedural requirement. All eligibility determinations are made exclusively by the relevant state agency or administering authority. NxtStps has no role in and no influence over those determinations.
SECTION 5 — PROHIBITION AGAINST UNAUTHORIZED PRACTICE OF LAW
5.1 No Legal Interpretation
The Platform does not — under any circumstances — interpret statutes, regulations, eligibility criteria, procedural rules, or legal requirements. The rules engine that guides Users through the application process operates on the basis of administrative workflow logic, not legal analysis or statutory interpretation.
5.2 Non-Directive Operation
Platform functionality is exclusively clerical and informational. NxtStps does not recommend specific legal responses, analyze the legal sufficiency of any submission, or direct how Users should answer any question in a legally binding sense. All guidance presented by the Platform is administrative in nature and does not constitute legal direction.
5.3 User Decision-Making Authority
All decisions regarding legal compliance, eligibility, the accuracy of responses, and procedural strategy remain solely with the User. The Platform assists with the organizational and administrative aspects of preparing a compensation application. Legal judgment remains entirely with the User and, where applicable, with the User's legal counsel or victim advocate.
SECTION 6 — ARTIFICIAL INTELLIGENCE DISCLOSURES
6.1 AI Functions Within the Platform
The Platform incorporates artificial intelligence functionality including document parsing, completeness validation, eligibility pre-screening logic, and language translation assistance. These AI systems are designed to assist Users, not to replace human judgment.
6.2 Non-Deterministic Outputs
User acknowledges that AI-generated suggestions, completeness flags, and guidance may be inaccurate, incomplete, outdated, or unsuitable for a particular situation. AI outputs are not legal determinations, factual certifications, or professional advice of any kind.
6.3 No Autonomous Eligibility Decisions
AI systems within the Platform do not make eligibility determinations. The Platform's AI functionality guides, flags, and assists — it does not decide, approve, or deny. All final eligibility determinations remain exclusively with the administering state agency.
6.4 Mandatory User Review
All AI-generated outputs, suggested responses, document summaries, and completeness assessments must be independently reviewed and verified by the User before any submission is made. NxtStps disclaims all liability for harm arising from reliance on AI-generated content without independent User verification.
6.5 AI Training Prohibition
NxtStps does not use individually identifiable User data to train AI models. Aggregate, anonymized, de-identified data may be used for platform improvement, system modeling, and compliance analytics, but no identifiable victim information is used for AI training, commercial data purposes, or external disclosure.
6.6 Human Override Always Available
No AI-assisted action on the Platform proceeds without explicit User confirmation. Users may override, disregard, or ignore any AI-generated suggestion at any time. The Platform is designed so that Users retain complete control over all information entered and all submissions made.
SECTION 7 — CONTENT, DATA, AND INTELLECTUAL PROPERTY
7.1 User Content
"User Content" means all data, documents, responses, narratives, images, and other materials that you enter, upload, transmit, or submit through the Platform. You are solely responsible for all User Content you provide.
7.2 Your Ownership of User Content
You retain all intellectual property rights in your User Content. NxtStps does not claim ownership of your personal information, your uploaded documents, or your application materials.
7.3 License to NxtStps for Platform Operation
By submitting User Content through the Platform, you grant NxtStps a limited, non-exclusive, royalty-free license to store, process, and use your User Content solely for the purpose of operating the Platform and delivering the services described in these Terms. This license does not permit NxtStps to sell, commercialize, or disclose your User Content to third parties except as described in the Privacy Policy.
7.4 Aggregated and Anonymized Data
NxtStps may collect, derive, and use aggregated, anonymized, and de-identified data regarding Platform usage, application patterns, administrative workflows, and system performance. NxtStps owns all such aggregated and anonymized data and may use it without restriction for platform improvement, compliance reporting, analytics, and research purposes. No Applicant is identifiable from this aggregated data.
7.5 NxtStps Platform Ownership
All rights, title, and interest in the Platform — including its software, AI systems, rules engine, document intelligence functionality, user interface, and all related intellectual property — are owned exclusively by NxtStps, LLC. These Terms grant you a limited right to use the Platform and do not transfer any ownership interest to you.
7.6 Feedback License
If you provide NxtStps with feedback, suggestions, ideas, or recommendations about the Platform ("Feedback"), you grant NxtStps a perpetual, worldwide, irrevocable, royalty-free license to use, incorporate, and build upon that Feedback in any way, including in future platform features, without compensation or attribution to you.
SECTION 8 — PROHIBITED USES
You agree not to use the Platform to:
- (a) violate any applicable federal, state, or local law, regulation, or ordinance; (b) submit false, fraudulent, or materially misleading information in any application or document; (c) impersonate any person, organization, agency, or official, or misrepresent your authority to act on another's behalf; (d) access or attempt to access another User's account, data, or case materials without authorization; (e) reverse engineer, decompile, disassemble, or attempt to extract the source code of any part of the Platform; (f) scrape, crawl, or systematically extract data from the Platform using automated tools or methods; (g) use the Platform or any data derived from it to train, develop, or improve any artificial intelligence or machine learning system without NxtStps's prior written authorization; (h) transmit any malware, virus, trojan horse, or other harmful code or data through the Platform; (i) interfere with, disrupt, or degrade the performance, security, or integrity of the Platform or its infrastructure; (j) use the Platform to prepare applications on behalf of others for commercial gain, unless you are an authorized Provider user acting within your organizational role; (k) reproduce, resell, sublicense, or distribute any portion of the Platform or its content without NxtStps's prior written authorization; (l) use the Platform for any purpose that violates VOCA confidentiality requirements, VAWA privacy restrictions, HIPAA-adjacent standards applicable to health-related information, or any applicable victim confidentiality statute; or (m) encourage, enable, or assist any other person to engage in any of the prohibited uses described above.
NxtStps reserves the right to suspend or terminate any account upon reasonable suspicion of prohibited use, without prior notice, and to report suspected violations of law to appropriate authorities.
SECTION 9 — USER REPRESENTATIONS, RESPONSIBILITIES, AND VERIFICATION
9.1 Accuracy and Completeness
You bear sole and exclusive responsibility for all information, statements, and documents that you enter, upload, or submit through the Platform. NxtStps does not review, verify, approve, interpret, or edit your submissions.
9.2 Verification Requirement
You must independently review all Platform outputs — including AI-generated content, document summaries, completeness assessments, and pre-filled fields — before signing, submitting, certifying, or transmitting any document to any third party. Reliance on Platform outputs without independent verification is at your sole risk.
9.3 Provider User Responsibility
Provider users who prepare or assist in the preparation of applications on behalf of Applicants bear additional responsibility to: (a) obtain appropriate authorization from the Applicant before accessing or submitting their information; (b) ensure the accuracy of all information entered on the Applicant's behalf; and (c) comply with all applicable confidentiality obligations under VOCA, VAWA, and applicable state law.
9.4 No Causation by NxtStps
User waives any claim alleging that NxtStps caused or contributed to: (a) denial or adverse determination of a compensation application; (b) missed filing deadlines; (c) procedural deficiencies; or (d) financial, legal, or administrative harm arising from any submission made through the Platform.
SECTION 10 — NO DUTY OF CARE; ANTI-NEGLIGENCE PROVISIONS
10.1 No Duty to Monitor or Correct
NxtStps has no duty to:
(a) review any submission for legal sufficiency or accuracy; (b) warn Users of the consequences of specific answers or choices; (c) ensure that automated completeness guidance has identified every document required by a specific program; (d) correct errors in User-provided information; or (e) ensure that any submission complies with the specific requirements of any victim compensation program.
10.2 Completeness Guidance Limitation
The Platform's document completeness validation and eligibility guidance features are designed to reduce common errors and omissions. These features do not guarantee that a submission will be complete or compliant with the specific requirements of any program. The User remains solely responsible for verifying that all required documentation has been included and is accurate before submission.
10.3 No Duty to Update
NxtStps is not responsible for ensuring that Platform content, eligibility guidance, or rules engine logic reflects the most current version of applicable law, regulation, or program requirements. Program requirements change frequently. Users should verify current requirements directly with the relevant agency before submitting any application.
10.4 Foreseeability Waiver
User waives any claim arising from foreseeable risks associated with the application process, including the risk of denial, delay, or adverse determination.
SECTION 11 — PRIVACY AND DATA SECURITY
11.1 Privacy Policy
Your use of the Platform is also governed by the NxtStps Privacy Policy, which is incorporated into these Terms by reference. By accepting these Terms you also accept the Privacy Policy.
11.2 Security Safeguards
NxtStps employs commercially reasonable administrative, technical, and physical safeguards — including encryption, role-based access controls, multi-factor authentication, and immutable audit logging — to protect User data. No security system is impenetrable, and NxtStps does not guarantee absolute security.
11.3 No Liability for Third-Party Actions
NxtStps is not liable for unauthorized access, disclosure, or use of User data caused by third parties, including state agencies, applicant services organizations, or other recipients of User-directed submissions.
11.4 VOCA and VAWA Compliance
NxtStps handles victim information in compliance with VOCA confidentiality requirements and VAWA Section 40002(b)(2) privacy restrictions. NxtStps will not disclose individually identifiable victim information to third parties except as expressly directed by the User or as required by law, and will comply with all applicable restrictions and consent requirements before any disclosure of victim-related information.
SECTION 12 — EMOTIONAL DISTRESS LIABILITY SHIELD
12.1 Acknowledgment of Subject Matter Sensitivity
User acknowledges that completing documentation related to violent crime, injury, loss, or trauma may be emotionally difficult, and that such difficulty is an inherent aspect of the underlying subject matter rather than a consequence of Platform design or malfunction.
12.2 Limitation of Liability for Emotional Distress
NxtStps shall not be liable for emotional distress, psychological discomfort, or trauma responses arising from the nature of crime victim compensation documentation processes, except in cases of gross negligence or willful misconduct by NxtStps.
12.3 Crisis Support
NxtStps is not a crisis support service. If you are experiencing a mental health crisis or are in immediate danger, please contact the 988 Suicide and Crisis Lifeline (call or text 988), the Crisis Text Line (text HOME to 741741), or emergency services (911).
12.4 No Clinical Responsibility
NxtStps bears no clinical, therapeutic, or medical responsibility for any User's emotional, psychological, or mental health state before, during, or after Platform use.
SECTION 13 — PRODUCT FUNCTIONALITY AND SERVICE LIMITATIONS
13.1 No Warranty of Continuous Operation
The Platform is provided "as-is" and "as available." NxtStps does not warrant uninterrupted service, error-free functionality, the absence of defects, or the preservation of data in all circumstances.
13.2 Beta Features and MVP Phases
The Platform is in active development. Certain features may be released in prototype, beta, or early-access form before full production deployment. Such features are provided as-is and may have limitations, may not function as expected, and may be modified or discontinued without notice. User participation in any beta or early-access feature does not create any entitlement to continued access or any warranty of functionality.
13.3 User Responsibility for Backups
You are responsible for maintaining your own copies of all documents and information you submit through or create within the Platform. NxtStps is not responsible for data loss arising from technical failure, account termination, or service discontinuation.
13.4 Third-Party Services and Integrations
The Platform may connect to or integrate with third-party systems, including law enforcement records management systems, hospital electronic medical record systems, state agency portals, and other external services ("Third-Party Services"). NxtStps does not control, endorse, or warrant the accuracy, availability, or performance of any Third-Party Service. NxtStps is not responsible for any harm, data loss, or adverse outcome arising from the operation or failure of any Third-Party Service. Your use of any Third-Party Service may be subject to that service's own terms and conditions.
SECTION 14 — COMMUNICATIONS AND CONTACT PREFERENCES
14.1 Platform Communications
NxtStps may contact you via email, text message, or in-platform notification for purposes including: (a) account security and multi-factor authentication; (b) important notices regarding your account or case; (c) service updates or changes to these Terms; and (d) system alerts relevant to your application.
14.2 MFA and Security Messages
By providing a telephone number in connection with your Platform account, you consent to receive text messages from NxtStps containing security codes and authentication messages as part of the multi-factor authentication process. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of security text messages, though doing so may prevent you from accessing certain platform features that require authentication.
14.3 Opt-Out
You may opt out of non-essential communications from NxtStps at any time by following the unsubscribe instructions in any email communication or by contacting us at legal@nxtstps.org. You may not opt out of essential security and account communications without closing your account.
14.4 Organizational Communications
NxtStps may contact an Organization's designated administrator regarding account status, licensing, compliance, and platform updates. The administrator is responsible for distributing relevant communications to appropriate personnel within the Organization.
SECTION 15 — DISCLAIMERS
15.1 As-Is Provision
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NXTSTPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.2 No Warranty of Accuracy
NxtStps does not warrant the accuracy, completeness, or suitability of any content, guidance, AI output, eligibility assessment, or completeness check provided through the Platform for any specific User's situation or program requirements.
15.3 FTC Compliance
No marketing statement, Platform content, AI output, or feature description constitutes a guarantee, promise, or prediction of any application outcome. All representations about Platform capabilities describe general functionality and do not constitute warranties applicable to any Applicant's specific circumstances.
SECTION 16 — LIMITATION OF LIABILITY
16.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NXTSTPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BENEFITS OR COMPENSATION AWARDS, LOST OPPORTUNITIES, EMOTIONAL DISTRESS, OR ANY OTHER PERSONAL OR ECONOMIC HARM, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF WHETHER NXTSTPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Aggregate Liability Cap
NXTSTPS'S TOTAL AGGREGATE LIABILITY TO ANY USER FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNT PAID BY THE USER OR THE USER'S ORGANIZATION TO NXTSTPS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED DOLLARS ($100).
16.3 Essential Basis
USER ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NXTSTPS AND USER. NXTSTPS WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NxtStps, LLC and its members, managers, officers, employees, contractors, and agents (collectively, "NxtStps Parties") from and against all claims, liabilities, damages, losses, costs, and expenses — including reasonable attorneys' fees — arising out of or related to: (a) your use of or access to the Platform in violation of these Terms; (b) inaccurate, incomplete, or fraudulent information you submitted through the Platform; (c) your misinterpretation of any Platform output as legal, medical, or professional advice; (d) your submission of materials to any third-party agency, program, or recipient; (e) violations of applicable law, VOCA, VAWA, or any victim confidentiality statute arising from your use of the Platform; (f) any claim by a third party arising from your unauthorized access to their information through the Platform; or (g) if you are a Provider user, any claim arising from your use of the Platform on behalf of an Applicant, including claims arising from the Applicant's data. NxtStps reserves the right to assume exclusive control of any matter subject to indemnification at its own expense. You agree to cooperate reasonably with NxtStps in the defense of any such claim.
SECTION 18 — MANDATORY ARBITRATION AND CLASS ACTION WAIVER
18.1 Informal Resolution First
Before initiating any formal dispute, you agree to contact NxtStps at legal@nxtstps.org and attempt to resolve the dispute informally. NxtStps will attempt to resolve any dispute informally within sixty (60) days of receiving written notice. If the dispute is not resolved within sixty (60) days, either party may proceed to arbitration as described below.
18.2 Binding Arbitration
Except as provided in Section 18.5, all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or your relationship with NxtStps ("Disputes") shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator, in Chicago, Illinois. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
18.3 Class Action Waiver
YOU AND NXTSTPS 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, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
18.4 Arbitration Opt-Out
You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to NxtStps at legal@nxtstps.org with the subject line "Arbitration Opt-Out," including your full name, account email address, and a statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
18.5 Exceptions
Notwithstanding Section 18.2, either party may seek: (a) injunctive or other equitable relief in any court of competent jurisdiction to prevent imminent harm, including unauthorized use of the Platform or IP infringement; or (b) resolution of eligible claims in a small claims court.
18.6 Governing Rules
The Federal Arbitration Act governs the interpretation and enforcement of this Section. AAA rules are available at www.adr.org.
SECTION 19 — TERMINATION
19.1 Termination by User
Applicants may close their account at any time by following the account deletion instructions in the Platform or by submitting a deletion request as described in the User Deletion Policy. Provider users and Administering Agency users should contact their organization's administrator to remove their access; account termination for organizations is governed by the organization's agreement with NxtStps.
19.2 Termination by NxtStps
NxtStps may suspend or terminate your access to the Platform at any time, with or without notice, if: (a) you violate any provision of these Terms; (b) NxtStps reasonably believes your use of the Platform poses a risk to other Users, third parties, or NxtStps; (c) required by applicable law or court order; or (d) the Platform is discontinued.
19.3 Effect of Termination
Upon termination of your account or these Terms: (a) your right to access and use the Platform immediately ceases; (b) NxtStps will handle your data in accordance with the Privacy Policy and User Deletion Policy; and (c) all provisions that by their nature should survive termination will survive as specified in Section 20.
19.4 Data Following Termination
Upon account termination, NxtStps will retain and delete your data in accordance with the retention schedules and deletion protocols described in the Privacy Policy and User Deletion Policy, subject to any legal hold obligations.
SECTION 20 — SURVIVAL
The following Sections will survive any termination, cancellation, or expiration of these Terms or your account: Section 5 (UPL Defense), Section 7 (Content, Data, and IP), Section 8 (Prohibited Uses), Section 9.4 (No Causation), Section 10 (No Duty of Care), Section 12 (Emotional Distress Liability Shield), Section 15 (Disclaimers), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 18 (Arbitration), Section 20 (Survival), Section 21 (Governing Law), and Section 22 (Assignment).
SECTION 21 — GOVERNING LAW
These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
SECTION 22 — ASSIGNMENT
NxtStps may assign or transfer these Terms, or any rights or obligations under them, to any party at any time without notice to you, including in connection with a merger, acquisition, restructuring, or sale of assets. You may not assign or transfer any of your rights or obligations under these Terms without NxtStps's prior written consent. Any attempt to assign without consent is void.
SECTION 23 — CHANGES TO THESE TERMS
23.1 Right to Modify
NxtStps may modify these Terms at any time. We will notify you of material changes by posting a notice through the Platform, by email to your registered address, or by other reasonable means at least fifteen (15) days before the changes take effect.
23.2 Acceptance of Changes
For material changes, NxtStps may require your affirmative re-acceptance through the Platform's consent mechanism before you may continue using the Platform. Your continued use of the Platform after the effective date of any change constitutes your acceptance of the modified Terms.
23.3 Right to Decline
If you do not agree to any modification of these Terms, you must discontinue use of the Platform before the effective date of the change and close your account.
SECTION 24 — WAIVER
NxtStps's failure to enforce any provision of these Terms in any instance shall not constitute a waiver of NxtStps's rights to enforce that provision in the future. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of NxtStps.
SECTION 25 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
SECTION 26 — ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, User Deletion Policy, and any licensing agreement between your Organization and NxtStps, constitute the entire agreement between you and NxtStps regarding your use of the Platform and supersede all prior agreements, communications, and understandings, whether written or oral, relating to the same subject matter.
SECTION 27 — CONTACT INFORMATION
For questions about these Terms, to exercise your rights, or to submit a dispute notice or arbitration opt-out:
NxtStps, LLC [Insert Mailing Address] Chicago, Illinois Email: legal@nxtstps.org Website: nxtstps.com
USER ACKNOWLEDGMENT
By clicking "I Agree" or "Accept," you confirm that you have read, understood, and voluntarily agree to be bound by these Terms of Use. If you are accepting on behalf of an Organization, you confirm that you have the authority to bind that Organization to these Terms.
NxtStps, LLC · Chicago, Illinois · nxtstps.com · Confidential and Proprietary