Terms of Service
Next Commit Terms of Service
Last Updated: March 20, 2025
1. Acceptance of Terms
By accessing or using Next Commit (the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). These Terms form a legally binding agreement between you and Next Commit regarding your use of the Service. If you do not agree to any part of these Terms, you must not use the Service. Your continued use of the Service signifies your acceptance of these Terms, as well as any other policies referenced herein (such as our Privacy Policy).
2. Eligibility and User Obligations
- Minimum Age: You must be at least 13 years old to use Next Commit. If you are under the age of 18 (or the age of majority in your jurisdiction), you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
- Legal Use: You may only use the Service if you can form a binding contract with Next Commit and are not barred from using it under any applicable laws. You agree to use the Service only for lawful purposes and in compliance with all applicable rules (including any school or athletic association rules that apply to you). You are responsible for ensuring that your use of the Service does not violate any laws, regulations, or obligations you may have.
- Accurate Information: When you register for or use the Service, you agree to provide true, current, and complete information about yourself. This includes providing a valid email address (your Gmail account) and any other information we may reasonably require for account setup or billing. You agree to keep your information up to date. You will not misrepresent your identity, impersonate anyone else, or create an account for anyone other than yourself without proper authorization.
3. Account Registration and Security
- Account Creation: To use Next Commit, you may need to create an account or log in via your Google Gmail account. You are responsible for maintaining the confidentiality of any login credentials, including your Google account login and any passwords or OAuth tokens used to connect to the Service. You must not share your account credentials with others or allow anyone else to access the Service through your account.
- Responsibility for Account Activity: You are solely responsible for all activities that occur under your Next Commit account. Any actions taken using your account (including emails composed or sent to college coaches or others) are deemed to be taken by you. If you become aware of any unauthorized use of your account or any breach of security, you agree to immediately notify Next Commit. We are not liable for any loss or damage arising from unauthorized use of your account, but you may be held liable for losses incurred by Next Commit or others due to such unauthorized use.
- Account Security: You agree to use reasonable measures to secure your account and devices. This includes using a strong, unique password for your Google account, protecting your devices from unauthorized access, and logging out after each session if using a shared device. Next Commit may require you to follow certain security protocols (like two-factor authentication) for added safety. We reserve the right to suspend or terminate your account if we suspect any security compromise that might jeopardize the Service or user data.
4. Service Description and Functionality
- Service Overview: Next Commit is an email application that integrates with your Gmail account to help student-athletes compose, send, and manage emails to third parties, such as college coaches. By connecting your Gmail account to Next Commit, you can create emails within our platform and send them through your Gmail address. The Service provides an interface and tools to streamline communications with coaches, including features that may help you draft personalized emails, track email engagements (e.g., opens or replies), and organize your outreach efforts.
- Integration with Gmail: When you use Next Commit, you will authorize the Service to access your Gmail account via the Gmail API. This allows Next Commit to perform actions like creating email drafts, sending emails on your behalf, reading certain messages (for example, to display your sent emails or check for responses), and organizing emails (such as applying labels or marking messages). All emails you send via Next Commit will appear as sent from your connected Gmail account, and replies from coaches will be delivered to your Gmail inbox. Next Commit itself is a platform to facilitate these communications and does not send emails independently of your account; you initiate all communications.
- Third-Party Outreach: The Service enables you to send emails to third parties (such as college coaches or athletic program staff). Next Commit is not affiliated with the recipients of your emails and does not guarantee that any third party will respond or act in any particular way. The content of any communication you send using the Service is generated by you (with optional tools or templates we provide) and is under your control. Next Commit simply provides the tools to compose and send those messages more efficiently. You acknowledge that Next Commit is not an intermediary or broker between you and any college or coach; it is solely a technology platform to assist you with email outreach.
- No Endorsement: Using Next Commit to contact coaches does not imply any endorsement or guarantee by Next Commit of any college, coach, or outcome. Next Commit does not guarantee that using the Service will improve your chances of recruitment or admission. It is your responsibility to ensure that your communications are appropriate and to follow up as needed outside the platform.
5. Use of Gmail and Google APIs
- Gmail API Scopes: Next Commit uses Google’s Gmail API to provide the Service’s functionality. In particular, we request access to your Gmail account with the following OAuth scopes (permissions): gmail.send and userinfo.email. These scopes allow Next Commit to send emails through your Gmail account and access your email address. By connecting your Gmail account to Next Commit, you explicitly grant us permission to utilize these Gmail API scopes in order to operate the Service on your behalf.
- User Data Privacy and Limited Use: Next Commit’s use and transfer of information received from Google APIs to any other app will adhere to Google’s API Services User Data Policy, including the “Limited Use” requirements. This means that any Gmail data we access will only be used to provide or improve user-facing features of the Service that are visible and expected by you. We will only use your Gmail data for purposes necessary to run Next Commit (such as reading your email content to show it in the app, sending your emails, tracking replies, etc.). We will not use your Gmail data for any other purposes such as serving ads, and we will not transfer or share your Gmail content with third parties except as needed to provide the Service (and in accordance with Google’s policies and applicable law).
- Compliance with Google Policies: Next Commit complies with all applicable Google API policies. We do not store your Gmail content on our servers longer than necessary to provide the Service (for example, we may temporarily cache email data to improve performance, but we do not build a separate database of your emails for independent use). We do not allow humans to read the content of your emails from Gmail except in specific cases where you have given us permission for support reasons, where it's necessary for security (such as investigating abuse), or as required by law. By using Next Commit, you understand and agree that the Service will interact with your Google account data in the manner described, and you can revoke Next Commit’s access to your Google account at any time via your Google account permissions settings (though revoking access will limit or disable Service functionality).
- No Google Endorsement: Next Commit uses the Gmail API but is not endorsed or certified by Google. You are responsible for complying with Google’s Terms of Service and policies when using your Gmail account through Next Commit. Any misuse of your Gmail via our Service could result in Google revoking the Service’s access to your account, so it’s important to follow both our rules and Google’s rules.
6. Acceptable Use Policy
When using Next Commit, you agree to conduct yourself responsibly and adhere to this Acceptable Use Policy. You must not use the Service (including your connected Gmail account through the Service) in a manner that:
- Violates Laws or Regulations: You will not use the Service for any illegal purpose or to promote unlawful activities. This includes complying with all applicable data protection, spam, and privacy laws when sending emails.
- Harasses or Harms Others: You will not send emails that harass, threaten, demean, or bully any individual or group. Hate speech, discrimination, or content encouraging violence is strictly prohibited.
- Engages in Spam or Unsolicited Bulk Email: You will not use Next Commit to send spam, mass mailings, or unsolicited bulk emails to people who have not expressed interest in receiving communications from you. While contacting college coaches is a legitimate use, you should do so individually and respectfully. Any form of excessive or automated emailing to large lists of recipients (especially if not personalized or expected) is not allowed.
- Impersonation or Misrepresentation: You must not impersonate any other person (such as another student or coach) or misrepresent your identity, affiliation, or the origin of your emails. Always be honest about who you are in your communications.
- Prohibited Content: You will not send content that is obscene, pornographic, defamatory, libelous, infringing, or otherwise objectionable or unlawful. This includes not transmitting viruses, malware, or any other harmful computer code via emails or through the Service.
- Interference with the Service: You must not interfere with or disrupt the integrity or performance of Next Commit or its related systems. This means you will not attempt to hack the Service, disable or circumvent any security or authentication measures, or flood the Service with excessive requests.
- Violation of Third-Party Terms: You agree not to use the Service in a way that violates the terms of service or policies of any other party. In particular, you must abide by Google’s terms for Gmail. If Gmail’s policies (or your email provider’s policies) would prohibit an action, you cannot perform that action via Next Commit.
Next Commit reserves the right to monitor usage to ensure compliance with this Acceptable Use Policy (though we do not monitor the content of your emails beyond automated processes, except as noted under the Google API policy compliance). If we determine that you have violated this policy or any of these Terms, we may take action including warning you, suspending or terminating your account, and in severe cases reporting the behavior to appropriate authorities or to Google.
7. Content Ownership and Licenses
- Your Content: As a user, you retain full ownership of the content you create and send using Next Commit. This includes the text of your emails, any attachments, and any other information or material you compose or provide through the Service (“User Content”). Next Commit does not claim any ownership rights in your User Content. These Terms do not grant us any ownership over your emails or communications; you are and remain the owner of your Content.
- License to Next Commit: In order for Next Commit to operate the Service and facilitate your communications, you grant Next Commit a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify (for technical purposes like formatting or organizing), and transmit your User Content solely for the purpose of operating, maintaining, and improving the Service. This means, for example, we have your permission to temporarily store your email drafts on our servers, to transmit your message to Gmail for delivery, or to scan your sent messages for display and tracking (as part of the features you utilize). We will not use your content for any purposes outside of providing the Service to you. This license is only as broad as needed for us to provide the Service features and ends when you delete the content or close your account.
- Privacy of Content: Our use of your User Content is further governed by our Privacy Policy, which outlines how we handle your personal data and email content. We do not sell your personal information or your User Content to third parties. Subject to the limited license above, you maintain all rights to your content.
- Next Commit’s Content: Apart from User Content, all content and materials available on or through the Service (including the software, algorithms, templates provided by Next Commit, text on our website, graphics, logos, and trademarks) are owned by or licensed to Next Commit and are protected by intellectual property laws. We grant you a limited, revocable license to use our Service and these materials for their intended purpose while you are a user, but you obtain no ownership rights in them. You may not copy, distribute, modify, or create derivative works from our content or software unless expressly authorized by us.
8. Third-Party Content and Interactions
- Your Communications with Coaches and Others: When you use Next Commit to email college coaches or any other third parties, you acknowledge that you are initiating a direct interaction with those third parties. Next Commit is not responsible for the content of communications that you send or receive through the Service. You are solely responsible for the information you choose to share in your emails, including any personal details about yourself or others.
- Third-Party Data and Consent: If you incorporate any third-party personal data in your use of the Service (for example, a coach’s name, email address, or other personal information), you are responsible for ensuring you have the right to use that data. In practical terms, this means you should only email coaches or individuals who are involved in recruiting or where it is appropriate to contact them. If there are any consent requirements or privacy laws applicable to contacting someone (for instance, if a coach has asked not to be contacted, or if certain recruiting communications are regulated), it is your duty to comply. Next Commit merely facilitates the sending of emails and does not verify whether you have permission or eligibility to contact a given individual.
- Content of Third Parties: Any content that a coach or other third party sends to you (such as a reply email) is entirely the responsibility of that third party. Next Commit does not control or endorse any statements made by third parties in communications sent to you. We are not liable for any third-party content or actions, and we do not mediate disputes between users and their email recipients. You should exercise discretion and judgment when reading or responding to communications from coaches or others.
- No Advice or Endorsement: Next Commit may offer features like email templates, AI-generated suggestions, or profiles of college programs to help you in crafting your communications. These features are for informational and support purposes only. It remains your responsibility to ensure that any content you send is accurate and appropriate. Next Commit does not guarantee the effectiveness of any template or suggestion, and providing such tools does not mean we endorse the content you choose to send. You are responsible for the results of using any suggestions or third-party information on our platform.
9. Subscription, Billing, and Cancellation
- Free and Paid Plans: Next Commit may offer different service plans, including free services and paid subscription plans with additional features. The specific features and pricing of each plan will be disclosed on our website or within the app. By selecting a paid plan, you agree to pay the applicable subscription fees and any taxes or charges incurred in connection with your use of Next Commit. All fees are stated in U.S. dollars unless otherwise specified, and payment is due at the time you subscribe (and on a recurring basis for renewals as described below).
- Billing and Payment: If you subscribe to a paid plan, you must provide a valid payment method (such as a credit card) and authorize Next Commit or our payment processor to charge the subscription fee to that payment method. Subscription fees will be charged in advance on a periodic basis (e.g., monthly or annually, depending on the plan you choose). You are responsible for ensuring that your payment information is accurate and up to date. If we are unable to process your payment (due to an expired card, insufficient funds, or otherwise), we will attempt to notify you, and we may suspend or cancel your access to paid features if the issue is not promptly resolved.
- Auto-Renewal: Paid subscriptions will automatically renew at the end of each billing cycle (month-to-month or year-to-year, depending on your plan) unless you cancel your subscription before the next renewal date. By subscribing, you authorize Next Commit to automatically charge the then-current subscription fee to your payment method on each renewal date. We will provide you with details of the auto-renewal in the plan information, and you can view your next scheduled payment date in your account settings.
- Cancellation: You may cancel your paid subscription at any time by following the instructions in your account settings or by contacting our support. If you cancel, you will continue to have access to the paid features until the end of your current billing period. After that, your subscription will not renew and your account will revert to a free plan (if available) or be limited to free features. No refunds will be issued for the remainder of the billing period after cancellation, except where required by law or explicitly stated by Next Commit. For example, if applicable law in your jurisdiction provides a mandatory refund right (such as a short “cooling-off” period for online subscriptions), we will honor it. Otherwise, all charges are final and non-refundable.
- Changes in Fees: Next Commit reserves the right to change the subscription fees or introduce new fees for additional services in the future. If we do so, we will give you reasonable advance notice of these changes via the Service or email. Fee changes will only take effect at the start of your next billing cycle following the notice. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect. Continued use of the paid Service after the effective date of a fee change constitutes your agreement to the new fees.
- Refunds: As a general policy, fees are non-refundable. However, if you believe there has been an error in billing or you qualify for a refund under our specific promotions or applicable law, please contact us at the support email provided in this Terms of Service. We will review requests for refunds on a case-by-case basis, consistent with your statutory rights and our policies.
10. Termination and Suspension
- By You (Voluntary Termination): You may stop using Next Commit at any time. If you wish to delete your Next Commit account entirely, you may do so through the account settings (if such option is provided) or by contacting us to request account deletion. Terminating your account or uninstalling any Next Commit application will stop our access to your Gmail (you may also revoke the Gmail API permissions via your Google account). Keep in mind that if you simply stop using the Service or disconnect your Gmail, these Terms will still apply to your past usage.
- By Next Commit (Suspension or Termination): We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at any time, with or without notice, if we reasonably believe: (a) you have violated these Terms or any applicable law; (b) you have engaged in behavior that is harmful to other users, third parties, or the Service’s integrity (such as hacking, spamming, or harassment); (c) you fail to pay any required fees when due; or (d) it is necessary to protect the security, stability, or legality of the Service (for example, if we discover unauthorized access to your account, or if required by law enforcement). In non-emergency situations, we will attempt to notify you of what the issue is and give you an opportunity to correct it, but we are not required to do so if the violation is serious or poses immediate harm.
- Effect of Termination: Upon termination of your account for any reason, your right to access or use the Service will immediately cease. We may disable your account and prevent you from further access. You understand that any termination of your account may involve deletion of your account information and content (emails, profiles, templates, etc.) from our live databases. Next Commit will not be liable to you or any third party for termination of your access or deletion of your content, provided we are in compliance with our Privacy Policy. (Note: Emails that were sent through your Gmail will still reside in your Gmail account unless you delete them from Gmail, since those are in your control.)
- Survival: Even after your access to the Service is terminated, certain provisions of these Terms will continue to remain in effect. These include, for example, indemnification, limitations of liability, governing law, and any other clauses that by their nature should survive termination.
- Discontinuation of Service: Next Commit reserves the right to discontinue or shut down the Service entirely (or certain features) at any time. If we discontinue the Service in its entirety, we will make a reasonable attempt to notify active users in advance via the email associated with your account or by posting a notice on our website. If you have a paid subscription at the time of discontinuation, we will provide a pro-rata refund for any remaining portion of your subscription term that you have paid for.
11. Disclaimer of Warranties
“As Is” and “As Available”: Next Commit provides the Service to you on an “as is” and “as available” basis. Your use of the Service is at your own risk. To the maximum extent permitted by law, Next Commit disclaims any and all warranties and representations, express or implied, regarding the Service. This includes, but is not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service will be error-free or uninterrupted. We make no guarantees that the Service will meet your specific needs or expectations, that any results (for example, successfully connecting with a college coach or achieving a recruitment opportunity) will occur, or that any bugs or errors in the Service will be corrected.
- No Guarantee of Email Delivery or Results: While Next Commit strives to provide a reliable platform for sending emails, we do not guarantee that emails will always be delivered to or received by your intended recipients. Delivery can depend on factors outside our control, such as the recipient’s email server, spam filters, or the accuracy of the email addresses you use. We also do not guarantee any outcome from your communications (for example, we cannot ensure that a coach will read or respond to your email). Any suggestions or analytics provided by the Service are informational only and come with no warranty of accuracy or effectiveness.
- Third-Party Services and Data: Next Commit may rely on third-party services (like Google’s Gmail infrastructure, internet service providers, or analytics providers) to function. We make no warranty that these third-party services will function without disruption, or that our integration with them will be error-free. Additionally, any data or information provided to you via the Service (such as college coach contact information or other third-party content) is provided “as is” without warranty. Next Commit does not warrant or endorse any information you receive from third parties through the Service.
- No Other Warranties: No advice or information (whether oral or written) obtained from Next Commit or through the Service shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any warranties that cannot be disclaimed are limited to the shortest duration and fullest extent permitted by law.
12. Limitation of Liability
Limited Liability: To the fullest extent permitted by applicable law, in no event will Next Commit, its owners, directors, officers, employees, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of (or inability to use) the Service, or these Terms. This includes, without limitation, any damages for lost opportunities, lost scholarships, lost data, lost profits or revenues, business interruption, personal injuries, pain and suffering, emotional distress, or any other intangible losses, even if we have been advised of the possibility of such damages.
- Cap on Liability: To the extent permitted by law, Next Commit’s total cumulative liability to you for any claims arising out of or related to the Service or these Terms, regardless of the form of the action, whether in contract, tort, strict liability, or otherwise, is limited to the greater of: (a) the total amount of fees you have paid to Next Commit for the Service in the six (6) months immediately prior to the event giving rise to the liability; or (b) fifty U.S. dollars (USD $50.00). If you have not paid any fees to Next Commit (for example, if you are using the free plan), Next Commit’s total liability to you shall not exceed USD $50.00.
- Users in Certain Jurisdictions: Some jurisdictions do not allow the exclusion or limitation of certain damages. If laws applicable to you do not allow the limitation of liability as set forth in this section, those limitations may not apply to you. In such cases, Next Commit’s liability will be limited to the fullest extent permitted by applicable law. This limitation of liability is a fundamental part of the agreement between you and Next Commit and shall apply to the maximum extent permitted by law, even if a remedy fails of its essential purpose.
- Release: To the extent permitted by law, you release Next Commit and its affiliates from all liability for you having acquired or not acquired a college recruiting opportunity or any other intangible benefit through the use of the Service. You acknowledge that Next Commit’s role is limited to facilitating communications, and Next Commit is not responsible for any decisions or outcomes by colleges or coaches. If you are a California resident, you waive California Civil Code §1542 (which says a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release) with respect to the foregoing release.
13. Indemnification
You agree to indemnify, defend, and hold harmless Next Commit and its parents, affiliates, officers, directors, employees, agents, partners, and licensors (“Indemnified Parties”) from and against any and all claims, demands, lawsuits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to: (a) your use or misuse of the Service; (b) your violation of any of these Terms or any applicable law or regulation; (c) your violation of any rights of any other person or entity (for example, sending content that infringes someone’s intellectual property or privacy rights, or harassing an individual); or (d) any content that you transmit through the Service. Next Commit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Next Commit. We will use reasonable efforts to notify you of any claim or demand that is subject to your indemnification obligations as soon as we become aware of it. This indemnification obligation will survive the termination of these Terms and your use of the Service.
14. Changes to Terms
Next Commit may modify or update these Terms of Service from time to time. If we make material changes, we will provide you with notice to the email associated with your account or by prominently posting a notice on our website or within the Service. The notice will designate a reasonable advance effective date for the new terms. Please review any updates carefully. If you continue to use the Service after an updated Terms of Service has become effective, you are indicating that you accept and agree to be bound by the revised Terms. If you do not agree to any changes, you must stop using the Service and, if applicable, cancel your subscription or close your account before the new Terms take effect. For clarity, we will update the “Last Updated” date at the top of this Terms of Service document whenever we make changes. It is your responsibility to check for updates to the Terms periodically. However, we understand that important changes should be communicated, and we will do our best to inform users of significant revisions.
15. Governing Law and Dispute Resolution
- Governing Law: These Terms and any dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Idaho, USA, without regard to its conflict of law principles. We recognize that the Service may be accessed from within or outside the United States, but by choosing to use the Service you agree that the laws of Idaho (and, to the extent applicable, U.S. federal law) will govern.
- Jurisdiction and Venue: You agree that any disputes or claims arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Idaho. You consent to personal jurisdiction in these courts and waive any objections based on inconvenient forum. If you reside outside of Idaho or the United States, you still agree to the jurisdiction of the Idaho courts as the exclusive venue for resolving disputes.
- Dispute Resolution: Before filing any formal legal claim, we encourage you to contact us at our support email to discuss the issue and seek resolution. Many user concerns can be resolved quickly and to everyone’s satisfaction through informal communications. In the event that any dispute cannot be resolved informally, you and Next Commit agree to seek resolution in accordance with the above governing law and jurisdiction. (If in the future Next Commit chooses to offer arbitration as a dispute resolution method, we will update these Terms to reflect that and provide you an opportunity to opt-out or consent as required by law.)
- Injunctive Relief: Notwithstanding the above, either party may seek injunctive or equitable relief in any competent jurisdiction to protect its intellectual property or confidential information while the main dispute resolution proceeds in Idaho, if applicable.
- International Use: We make no representation that the Service is appropriate or available for use in all locations. If you access the Service from jurisdictions outside the U.S., you are responsible for compliance with local laws. However, the governing law as stated above (Idaho, USA) will still apply to your use of the Service.
- Limitations Period: To the extent permitted by law, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred, which means that you will not have the right to assert it. (This does not apply to consumers in jurisdictions that prohibit such time limitations.)
16. Contact Information
If you have any questions, concerns, or comments about these Terms of Service or need to reach Next Commit for any reason, please contact us using the information below. We will do our best to respond in a timely manner.
Next Commit Contact Details:
- Company Address: 1511 South Horton St, Nampa, ID 83686, USA
- Email: privacy@nextcommit.ai
For general support inquiries, you may also use the above email or any support contact information provided on our website.