These Terms of Service (the "Terms") form a binding legal agreement between NexLife ("NexLife," "we," "us," or "our") and you, whether you are a licensed insurance agent who has created an account ("Agent"), an agency, a prospective client of an Agent who receives an intake link ("Client"), or any other visitor to our website (collectively, "you" or "User"). These Terms govern your access to and use of the NexLife website, dashboard, intake tools, APIs, integrations, documentation, and all related services (collectively, the "Services"). By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
1. Nature of the Service, Software Platform Only
NexLife is a software-as-a-service platform that helps licensed life insurance agents collect underwriting information from prospective clients, transmit application packets to insurance carriers, and track the status of those applications. NexLife is not an insurance company, an insurance producer, a broker of record, or a managing general agent. NexLife does not underwrite policies, solicit insurance, quote rates, accept premiums, bind coverage, adjust claims, or otherwise engage in the business of insurance. All insurance-related activities are performed by the licensed Agent who operates the account and by the issuing insurance carriers with whom the Agent maintains a producer appointment. Nothing on the Services constitutes an offer or solicitation of insurance by NexLife.
2. Eligibility & Agent Account Requirements
To create an Agent account on the Services you represent and warrant that:
- You are at least eighteen (18) years of age and able to form a legally binding contract under applicable law.
- You hold a valid, active, unrestricted life insurance producer license issued by at least one U.S. state insurance regulator, and any required state-specific appointments, continuing education, and bond requirements.
- You will use the Services only in states in which you are properly licensed and appointed by the relevant carrier.
- You maintain in force errors-and-omissions (E&O) insurance coverage in customary industry amounts.
- You have never had a producer license, securities license, or registration revoked, suspended, denied, or surrendered in lieu of disciplinary action, and you are not the subject of any open regulatory investigation or consumer complaint that would reasonably impair your fitness to act as a producer.
- All registration information you provide (including your National Producer Number, legal name, contact information, and agency affiliation) is accurate, complete, and current, and you will promptly update it if it changes.
NexLife may, in its sole discretion and at any time, suspend or terminate any account that we reasonably believe is operated by a User who does not meet, or no longer meets, these eligibility requirements, without notice and without liability.
3. Client Use of Intake Links
Clients access the Services only through one-time, time-limited intake links delivered by SMS or email at the request of an Agent. By opening an intake link and submitting information, the Client (a) represents that they are at least eighteen (18) years old and legally able to apply for insurance in their state of residence, (b) consents to the transmission of the information they provide to the Agent and to the carrier(s) selected by the Agent, and (c) understands that submission of an intake is not an application for insurance and does not bind coverage of any kind.
4. Account Security
You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not you authorized it. You must (a) choose a strong, unique password, (b) keep your credentials confidential, (c) sign out at the end of each session on shared devices, and (d) notify us immediately at security@nexlifecrm.org upon any actual or suspected unauthorized access, credential disclosure, or other compromise. NexLife is not liable for any loss arising from your failure to comply with this Section.
5. Acceptable Use
You agree that you will not, and will not permit any third party to:
- Use the Services to engage in any activity that violates any applicable federal, state, local, or international law, rule, or regulation, including without limitation laws governing the marketing or sale of insurance, telemarketing, the Telephone Consumer Protection Act ("TCPA"), CAN-SPAM, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and all applicable state Do-Not-Call and SMS regulations.
- Send an intake link to any person who has not provided prior express written consent to receive marketing communications from you, or who has revoked such consent.
- Misrepresent yourself, your appointment with a carrier, the terms or features of any insurance product, or the nature of the Services to a Client or prospective Client.
- Use the Services to harvest, scrape, sell, license, lease, transfer, or otherwise commercialize lists of consumer leads obtained outside of your direct, lawful producer activities.
- Attempt to reverse engineer, decompile, disassemble, copy, modify, or create derivative works of the Services or any portion of them, except to the extent such restriction is prohibited by applicable law.
- Probe, scan, or test the vulnerability of the Services or any related system or network, or breach or circumvent any security or authentication measures.
- Access the Services through automated means (bots, scrapers, scripts) except as expressly authorized by NexLife in writing.
- Upload, transmit, or transmit through the Services any content that is unlawful, defamatory, infringing, fraudulent, threatening, harassing, obscene, or otherwise objectionable, or that contains a virus, worm, Trojan horse, or other malicious code.
- Interfere with or disrupt the integrity or performance of the Services, the data contained therein, or the infrastructure on which they run.
- Use the Services to compete with NexLife, to build a competing product, or to benchmark performance for the benefit of a competitor.
6. Carrier Relationships & Underwriting
NexLife is not a party to and has no role in the producer appointment between an Agent and any insurance carrier. All policy applications, underwriting decisions, premiums, ratings, exclusions, riders, declines, postponements, and rescissions are determined exclusively by the issuing carrier in accordance with its own underwriting guidelines and applicable law. NexLife makes no representation or warranty as to whether any Client will be approved for coverage, on what terms, or at what premium. Quotes generated by an Agent through the Services are illustrative only, are not binding offers of insurance, and may change based on the carrier's review.
7. Truthful Information
Each User is solely responsible for the accuracy and completeness of all information provided through the Services. Misrepresentation, omission, or falsification of material information on an insurance application may result in (a) denial of coverage, (b) increased premiums or rating, (c) rescission of an issued policy, (d) denial of a claim, including a death benefit claim, and (e) civil or criminal liability under applicable insurance fraud statutes. NexLife has no obligation to review, verify, or validate any information submitted through the Services.
8. Subscription, Fees & Billing, No Refunds
Access to certain features of the Services requires a paid subscription. By starting a subscription you authorize NexLife (or its payment processor) to charge your designated payment method the then-current subscription fee, plus any applicable taxes, on a recurring basis until you cancel. All fees are final and non-refundable. Subscription fees are billed in advance and are non-refundable in whole or in part under any circumstances, including but not limited to unused time on a subscription, dissatisfaction with the Services, downgrade of a plan, account suspension or termination for breach of these Terms, changes to features, or partial use of a billing cycle. NexLife does not offer refunds, credits, exchanges, or chargeback accommodations, except where a non-waivable right to a refund is expressly required by applicable law. Subscriptions renew automatically at the end of each billing cycle at the then-current rate. You may cancel a subscription at any time from your account settings; cancellation stops future renewals and takes effect at the end of the then-current billing cycle, and you retain access to paid features through that date but do not receive any refund for the remaining period. NexLife may modify subscription fees with at least thirty (30) days' advance notice; continued use of the Services after the effective date constitutes acceptance of the new fees. Failure to pay a fee when due is a material breach of these Terms and may result in suspension or termination of the affected account without further notice. Initiating a chargeback or payment dispute without first contacting billing@nexlifecrm.org and allowing NexLife a reasonable opportunity to respond is itself a material breach of these Terms.
9. Third-Party Services & Integrations
The Services interoperate with third-party platforms, including without limitation insurance carriers, SMS gateways (such as GoHighLevel and Twilio), email delivery services (such as Resend), identity and authentication providers, and analytics providers. Your use of those third-party platforms is governed by their own terms of service and privacy policies, which NexLife does not control and for which NexLife is not responsible. NexLife makes no warranty regarding the availability, accuracy, or reliability of any third-party platform, and NexLife is not liable for any act, omission, outage, data loss, or other failure of any such platform. If a third-party platform changes its API, pricing, or terms in a manner that materially impairs the Services, NexLife may modify or discontinue the affected feature without liability.
10. Intellectual Property
The Services, including all underlying software, source code, object code, documentation, designs, graphics, text, logos, trademarks, service marks, trade names, trade dress, and the selection, coordination, and arrangement of all content, are and remain the exclusive property of NexLife Life or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws. Subject to your compliance with these Terms, NexLife grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes in the manner expressly contemplated by these Terms. All rights not expressly granted are reserved. You may not remove, obscure, or alter any copyright, trademark, or other proprietary notice on any portion of the Services.
11. Feedback
If you submit any suggestions, ideas, feature requests, or other feedback regarding the Services ("Feedback"), you grant NexLife a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, distribute, and exploit such Feedback for any purpose, without any obligation or compensation to you.
12. Data Handling & Privacy
NexLife's collection, use, retention, and disclosure of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services you consent to the practices described in the Privacy Policy. You acknowledge that NexLife operates the Services on a zero-storage relay basis for sensitive client underwriting data: Social Security Numbers, banking details, prescription histories, and similar sensitive identifiers are transmitted to the carrier and then discarded from NexLife systems as described in the Privacy Policy.
13. Communication Consent (SMS)
If you check the SMS consent box on our website or intake form, you agree to receive customer care and operational text messages from Nex Life CRM about your intake or application. These messages may include opt-in confirmation, your secure intake link, delivery and status updates, and support replies from your assigned agent.
- Message frequency varies based on your intake/application activity.
- Message and data rates may apply from your mobile carrier.
- Reply STOP to any message to opt out of SMS at any time.
- Reply HELP to any message for assistance, or email support@nexlifecrm.org.
- Consent is not a condition of purchase of any goods or services.
- Carriers are not liable for delayed or undelivered messages.
Nex Life CRM does not use SMS to send promotional, marketing, or advertising content, and does not sell or share SMS opt-in consent or phone numbers with third parties for their marketing purposes. See our Privacy Policy for details.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXLIFE LIFE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR COMPLETENESS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NEXLIFE LIFE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES IS ACCURATE, RELIABLE, OR COMPLETE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM NEXLIFE LIFE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Indemnification
You agree to defend, indemnify, and hold harmless NexLife and its affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Services; (b) your breach or alleged breach of these Terms; (c) your violation of any applicable law or regulation, including without limitation insurance laws, TCPA, CAN-SPAM, and state Do-Not-Call rules; (d) any inaccuracy, misrepresentation, or omission in any information you submit through the Services; (e) any dispute between you and a Client, an Agent, an insurance carrier, or any other third party; or (f) your infringement or misappropriation of any intellectual property or other right of any person or entity. NexLife reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NexLife in asserting any available defenses.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEXLIFE LIFE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF NEXLIFE LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NEXLIFE LIFE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO NEXLIFE LIFE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). The limitations in this Section apply to the maximum extent permitted by law, notwithstanding any failure of essential purpose of any limited remedy.
17. Termination
You may terminate your account at any time by following the cancellation instructions in your account settings or by contacting support@nexlifecrm.org. NexLife may suspend or terminate your access to all or part of the Services at any time, with or without notice, and with or without cause, including without limitation if NexLife reasonably believes you have violated these Terms, if continued provision of the Services is no longer commercially reasonable, or if required by law. Upon termination, your right to access the Services will immediately cease, and NexLife may delete your account data in accordance with the retention schedule described in the Privacy Policy. The following Sections survive any termination: 7 (Truthful Information), 8 (Subscription, Fees & Billing) with respect to amounts owed, 10 (Intellectual Property), 11 (Feedback), 14 (Disclaimer), 15 (Indemnification), 16 (Limitation of Liability), 18 (Arbitration), 19 (Governing Law), and 22 (Miscellaneous).
18. Mandatory Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and NexLife, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Wayne County, Michigan, or, at your election if you are an individual consumer, in the U.S. county in which you reside, or, by agreement of the parties, by videoconference or solely on the basis of written submissions. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND NEXLIFE LIFE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court determines that this class-action waiver is unenforceable as to any claim, that claim (and only that claim) shall be severed and proceed in court. 30-Day Opt-Out: you may opt out of this arbitration provision by sending written notice to legal@nexlifecrm.org within thirty (30) days of first accepting these Terms; the notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration.
19. Governing Law & Exclusive Forum
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 18, any judicial proceeding permitted to be brought (for example, to compel arbitration, to enforce an arbitration award, or to seek temporary injunctive relief) shall be brought exclusively in the state or federal courts located in Wayne County, Michigan, and the parties irrevocably consent to the personal jurisdiction and venue of those courts.
20. Force Majeure
NexLife will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic or other public-health emergency, war, terrorism, civil unrest, riot, sabotage, embargo, strike or other labor dispute, governmental action or order, internet or telecommunications outage, denial-of-service attack, cyber-attack, or failure of any third-party platform on which the Services depend.
21. Changes to These Terms
NexLife may modify these Terms at any time by posting the revised Terms on the Services and updating the "Last updated" date. Material changes will be communicated by reasonable means, which may include in-app notice or email to your registered address. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of them. If you do not agree to revised Terms, you must stop using the Services and cancel your account before the effective date.
22. Miscellaneous
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NexLife regarding the Services and supersede all prior or contemporaneous understandings on that subject. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to be enforceable while preserving the parties' original intent. No waiver of any provision of these Terms shall be effective unless in writing and signed by NexLife, and no failure or delay in exercising any right shall operate as a waiver. You may not assign or transfer these Terms, by operation of law or otherwise, without NexLife's prior written consent; NexLife may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. The section headings used in these Terms are for convenience only and have no legal effect. Notices to NexLife must be sent to legal@nexlifecrm.org. Notices to you may be sent to the email address associated with your account.
23. Contact
NexLife, Michigan, USA, legal@nexlifecrm.org, Privacy requests: privacy@nexlifecrm.org, Security reports: security@nexlifecrm.org.