1. Who you are contracting with
Nexgen Call is a call tracking and marketing attribution service operated by Nexgen Business Solutions, a Florida company. In these Terms, "we", "us" and "Nexgen Call" mean that company, and "you" means the business that opens the account and every person who uses it under your credentials.
By creating an account, ticking the agreement box at sign-up, or using the service, you accept these Terms, the Privacy Policy and the Acceptable Use Policy. If you are accepting on behalf of a company, you confirm you are authorized to bind it.
2. Your account
- You must be at least 18 and use the service for business purposes. Nexgen Call is not offered to consumers for personal use.
- Give us accurate contact and billing details and keep them current. We verify the email address on the account before you can buy telephone numbers or send SMS.
- You are responsible for everything done under your credentials. Passwords must be at least 12 characters. Two-factor authentication is available on every plan and we recommend turning it on.
- Tell us promptly at [email protected] if you believe an account has been compromised.
3. The free trial
New accounts start on a 14-day free trial. No card is required to begin it. During the trial you have the features of the plan you selected, subject to the usage limits published on the pricing section of our home page.
At the end of the trial the workspace is locked until you start a paid subscription. Locking is not deletion: your data stays in place and becomes available again as soon as a subscription starts, subject to the retention periods in section 9.
If you redeemed a promotional code that requires you to connect your own Twilio account, the promotional days begin on the day that connection is verified, and the connection must be made within 14 days of sign-up. If you miss that deadline the standard 14-day trial runs as normal and the promotional benefit lapses.
4. Plans, billing and renewal
Published plans are Starter at $49 per month or $470 per year, Growth at $149 per month or $1430 per year, Agency at $399 per month or $3830 per year. Prices are in United States dollars and exclude any sales, use or communications taxes that apply to you.
- Recurring charge. Subscriptions renew automatically at the end of each billing period, monthly or annual as you selected, until you cancel. You authorize us to charge the payment method on file for each renewal.
- Payment processing. Card payments are processed by Stripe. We do not receive or store your full card number.
- Failed payments. If a charge fails we may retry it and will email the account owner. If payment is still outstanding after the retry window, the workspace is suspended until the balance is cleared.
- Plan changes. Upgrades take effect immediately and are prorated by Stripe. Downgrades take effect at the start of the next billing period.
- Telephony charges are separate. Nexgen Call runs on your own Twilio account. Twilio bills you directly for numbers, minutes, recordings and messages. Those charges are between you and Twilio and are not included in your Nexgen Call subscription. See section 6.
5. Cancellation and refunds
- Cancel at any time. You can cancel from the billing page in your workspace, or by emailing [email protected] from the account owner's address. There is no cancellation fee and no minimum term beyond the period you have already paid for.
- What canceling does. Your subscription runs to the end of the period you have paid for and then stops. You keep full access until that date.
- No partial refunds. We do not refund unused time in a period that has already started, and we do not refund the unused months of an annual term. Canceling stops the next charge; it does not reverse the last one.
- Exceptions. If we charged you in error, or if we terminate your account for our own convenience under section 8, we refund the unused portion of the current period. Nothing here limits a right you have under applicable law.
- Telephone numbers. Numbers you bought sit in your own Twilio account and stay there when the Nexgen Call subscription ends. Release them in Twilio if you no longer want to be billed for them.
6. Your Twilio account
Nexgen Call does not resell telephony. You open your own Twilio account, complete Twilio's identity and A2P registration steps, fund it, and connect it to your workspace with an account SID and auth token. That means:
- Numbers, minutes, recordings and messages are billed to you by Twilio at Twilio's rates.
- Your use of Twilio is governed by Twilio's own terms and acceptable use policy in addition to ours.
- Sending SMS from a United States long code requires 10DLC brand and campaign registration with Twilio. Until that registration is approved, carriers filter or block messages, including automatic opt-out confirmations. The Acceptable Use Policy covers what you must do before you send.
- If your Twilio credentials stop working, call routing and messaging stop with them. We show the failure in your workspace but we cannot fix a suspended Twilio account on your behalf.
7. How the service may be used
The Acceptable Use Policy is part of these Terms. In particular you must have a lawful basis to call, text and record the people you contact through Nexgen Call, and you must honor opt-out requests. Read the recording consent guidance before you turn recording on.
You may not resell, sublicense or white-label the service without a written agreement with us. Agency plan workspaces are for managing your own clients under your own account.
8. Your data
Your call records, recordings, transcripts, contacts, message history and reports belong to you. We process them to provide the service, and for no other purpose. We do not sell customer data, and we do not use the contents of your calls or messages to train models.
You can export call and attribution data as CSV from the reports section at any time while your account is active. Ask us at [email protected] if you need an export after cancellation and we will provide one within the 30-day window in section 9.
9. Retention and deletion
- Call and message records (number, source, timestamps, duration, outcome, and any transcript we generate) are kept for as long as your workspace is active, so your reporting and attribution history stays complete.
- Audio recordings are stored in your own Twilio account under the retention settings you control there. We keep the reference to each recording with its call record.
- Website session data used for dynamic number insertion is kept for 13 months, so year-on-year attribution reporting works.
- After cancellation we keep the workspace for 30 days so you can export or reactivate, then we delete it.
- Deletion on request. Write to [email protected] and we will delete a specific call, a contact, or the whole workspace. We confirm in writing when it is done.
- We keep billing records for as long as tax and accounting law requires, and audit records of security-relevant actions on the account.
10. Availability, changes and support
We aim to keep the service available around the clock and we do maintenance in low-traffic windows where we can. We do not offer a contractual uptime guarantee or service credits on the published plans. Telephony availability also depends on Twilio and on the carriers behind it.
We add and change features. If we remove something you depend on, or change these Terms in a way that materially disadvantages you, we will email the account owner at least 30 days before it takes effect, and you may cancel before then with a refund of any prepaid, unused period.
Support is by email at [email protected]. Agency plan accounts are answered first.
11. Suspension and termination
We may suspend or close an account that breaches these Terms or the Acceptable Use Policy, that fails to pay, or whose traffic threatens the service or a carrier relationship. Where the circumstances allow it we warn you first and give you a chance to fix the problem. For unlawful traffic, fraud, or activity that puts other people at risk, suspension is immediate.
You may close your account at any time as described in section 5.
12. Warranties and disclaimers
We provide the service with reasonable skill and care. Beyond that, and to the fullest extent the law allows, the service is provided "as is" without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Automatic transcription, keyword scoring and spam classification are automated estimates. They are useful for triage and they are not always right. Do not rely on them as the sole basis for a decision that affects a person's rights.
13. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, goodwill or data, arising out of these Terms.
Our total liability for all claims in any 12-month period is limited to the amount you paid us for the service in the 12 months before the event giving rise to the claim. This limit does not apply to your payment obligations, to either party's fraud or willful misconduct, or to your indemnity in section 14.
14. Your indemnity
You will defend and indemnify us against claims, damages and reasonable legal costs arising from your use of the service in breach of these Terms or the Acceptable Use Policy, including claims under the Telephone Consumer Protection Act or a state wiretap or two-party consent statute that arise from calls, recordings or messages you made through the service.
15. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any dispute will be brought exclusively in the state and federal courts located in Miami-Dade County, Florida, and both parties consent to that jurisdiction.
16. General
- These Terms, with the Privacy Policy and the Acceptable Use Policy, are the entire agreement between us on this subject.
- If a provision is unenforceable, the rest stays in force.
- You may not assign this agreement without our written consent. We may assign it to a successor in a merger or sale of the business.
- Neither party is liable for a delay caused by an event outside its reasonable control.
- Notices to you go to the account owner's email address. Notices to us go to [email protected].
17. Contact
Nexgen Call, a product of Nexgen Business Solutions. Email [email protected]. Company information is at nbsincorp.com.