Last Updated: November 12, 2025
By accessing the Next Evolution Software platform, website, or services, users agree to be bound by these Terms and applicable laws. Non-compliance requires discontinuing use.
Next Evolution Software offers custom software development, web applications, API integrations, cloud infrastructure, automation workflows, mobile applications, and data pipeline services for businesses of all sizes. Next Evolution Software provides design, development, and deployment of production-ready software solutions but does not provide legal, financial, or professional consulting services outside the scope of software engineering.
While Next Evolution Software maintains HIPAA-compliant infrastructure, clients bear sole responsibility for their own compliance, including staff training, access controls, breach response, and PHI handling per regulations. Next Evolution Software neither accesses nor handles stored PHI.
Clients must provide accurate information, maintain credential confidentiality, report unauthorized access immediately, and accept responsibility for account activities. Account termination may occur for Terms violations, false information, fraudulent use, overdue payments (30+ days), or legal requirements.
Plans are billed in USD, recurring monthly or annually, charged in advance. All fees are payable in U.S. dollars. Failed payments risk suspension/termination. Non-refundable except by law or 30-day prorated annual refunds. Pricing changes require 30 days' notice.
Platform data supports service provision, transaction processing, customer support, feature development, and service communications. Clients retain Client Data rights; Next Evolution Software receives limited hosting/processing license only. Privacy practices follow the incorporated Privacy Policy.
Next Evolution Software implements reasonable safeguards but cannot guarantee absolute security. Clients must implement security measures, train staff, monitor access, and report breaches promptly. Legal breach notifications follow applicable law.
Users cannot:
Next Evolution Software owns the Platform (excluding Client Data) under copyright/trademark protections. Users receive limited, non-exclusive, non-transferable use licenses. Clients retain all Client Data rights.
Service communications (billing, updates, support, security) cannot be opted from while maintaining active accounts. Marketing communications are optional via unsubscribe links or support contact. SMS messages require consent; opt-out via "STOP" reply.
By opting in to receive SMS/text messages from Next Evolution Software, you agree to the following:
Supported carriers include but are not limited to AT&T, T-Mobile, Verizon, Sprint, and other major U.S. carriers. Carrier participation may vary.
High availability is targeted but unguaranteed; uninterrupted, error-free service isn't promised. Scheduled maintenance may occur. Support available via support@nextevolutionsoftware.com with varying response times. Services may be modified or discontinued anytime without liability.
Third-party service content and practices remain their responsibility. Users' third-party use follows respective terms and policies.
"THE PLATFORM AND SERVICES ARE PROVIDED 'AS IS'"
Without warranties of merchantability or fitness. Next Evolution Software isn't liable for indirect, incidental, special, consequential, or punitive damages including profit/data loss or business interruption. Liability caps at amounts paid within 12 months preceding claims.
Users indemnify Next Evolution Software from claims arising from platform misuse, Terms violations, legal violations, third-party rights infringements, professional services provided, or Client Data IP issues.
Active accounts retain Client Data as needed. Upon termination, clients have 30 days to export data; afterward, permanent deletion may occur. Retention continues where legally required. Data portability requests reach support@nextevolutionsoftware.com in machine-readable formats.
Next Evolution Software reserves modification rights with notice via website updates, email, or Platform notices. Continued service use constitutes acceptance; disagreement requires discontinuation.
Clients may cancel anytime via account settings or support contact. Termination doesn't relieve payment obligations. Next Evolution Software may terminate immediately for breaches, legal requirements, or service discontinuation. Termination ends Platform access; certain provisions survive.
Oklahoma law governs these Terms without conflict-of-law application. Disputes proceed through good-faith negotiation, then binding American Arbitration Association arbitration in Oklahoma City, Oklahoma. Class action participation is waived.
These Terms plus Privacy Policy form the complete agreement. Unenforceable provisions are minimized; remaining provisions stay valid. Non-enforcement doesn't constitute waiver. Users cannot assign without consent; Next Evolution Software may assign to affiliates or upon merger/acquisition. Force majeure events (acts of God, natural disasters, war, terrorism, labor disputes, ISP failures) excuse performance failures. No partnership, joint venture, agency, or employment relationship exists.
Questions regarding Terms reach support@nextevolutionsoftware.com.
Account creation or Platform access signifies understanding, agreement, and authority to bind organizations. Users acknowledge HIPAA compliance obligations where applicable and professional obligation responsibility. Non-agreement requires service discontinuation.
Effective Date: November 12, 2025