Terms of Service

Effective Date: 20 June 2025

Welcome to NextHit ("NextHit", "Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website (currently located at nextHit.co) and any related applications, dashboards, APIs, widgets, e‑mail services, analytics reports, or other products and services that link to or reference these Terms (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR Privacy Policy. IF YOU DO NOT ACCEPT ALL OF THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Important Highlights

  • – NextHit provides predictive analytics only; we do not guarantee commercial success.
  • – You keep ownership of any audio you upload, but you grant us a limited licence to analyse it.
  • – All fees are billed through Stripe and are generally non‑refundable.
  • – These Terms include a binding arbitration / dispute‑resolution clause and class‑action waiver.

1. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of forming a binding contract to use the Service. If you are using the Service on behalf of a company, band, or other entity, you represent that you have authority to bind that entity, and "you" will refer to that entity.

2. Description of the Service

NextHit is a pre‑release music analytics platform. Users upload unreleased audio files ("Audio Content") and receive AI‑driven reports predicting hook strength, hold power, skip risk, playlist suitability, and other metrics ("Outputs"). The Service may evolve, and we reserve the right to add, change, suspend, or discontinue any feature at any time.

3. Accounts & Security

You may need to register for an account and provide accurate, complete information. Keep your login credentials confidential. You are responsible for all activity under your account.

4. Your Content & Licence to NextHit

Ownership

You retain all rights in your Audio Content and any other materials you upload ("User Content").

Licence

By uploading User Content, you grant NextHit a worldwide, non‑exclusive, royalty‑free licence to:

  • store and process the content for the purpose of providing the Service;
  • generate derivative analytic Outputs;
  • internally train, calibrate, and improve our machine‑learning models (unless you opt‑out in writing via privacy (at) nexthit (dot) co).

Retention

Unless you delete a comparison or request deletion in writing, we may retain copies for up to 180 days to allow re‑downloads, audit trails, and model improvement.

5. Your Responsibilities

You represent and warrant that:

  • You either own the Audio Content or have all necessary licences, rights, and consents to upload it for analysis.
  • Your use of the Service will not (i) infringe any copyright, trademark, or other intellectual‑property right; (ii) violate any law, regulation, or third‑party agreement; (iii) transmit viruses, malware, or unlawful material; or (iv) attempt to reverse‑engineer or disrupt the Service.

6. Fees, Subscriptions & Payment

  • Pay‑As‑You‑Go. Single "scan" purchases are charged at the prices shown at checkout.
  • Subscriptions. If you choose a recurring plan, fees will automatically renew until cancelled. You may cancel at any time in your dashboard; cancellations take effect at the end of the current billing period.
  • Payment Processor. All payments are processed by Stripe; we never store full card details.
  • Taxes. Prices exclude any applicable taxes; you are responsible for paying them.
  • Refunds. Because analytics are generated immediately, all sales are final except where required by law. If you believe an exceptional circumstance applies, contact support within seven (7) days of purchase.

7. Intellectual‑Property Rights

The Service, including all software, algorithms, and visual design, is owned by NextHit or its licensors and protected by intellectual‑property laws. Except for the limited rights expressly granted herein, no licence or right is granted to you by implication.

8. Feedback

If you provide ideas, suggestions, or comments about the Service ("Feedback"), you grant NextHit a perpetual, worldwide, irrevocable, royalty‑free licence to use and incorporate such Feedback without compensation.

9. Third‑Party Services

The Service may integrate with third‑party platforms (e.g., Spotify API, Stripe). NextHit is not responsible for the content or practices of such third parties; their terms will govern your use of those services.

10. Prohibited Conduct

You agree not to:

  1. Copy, modify, resell, lease, or distribute the Service except as permitted.
  2. Use the Outputs to develop competing services that replicate core NextHit functionality.
  3. Attempt to gain unauthorized access to our systems or compromise security.
  4. Engage in any activity that interferes with or degrades the Service.

11. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEXT HIT MAKES NO WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR‑FREE OR WILL RESULT IN COMMERCIAL SUCCESS OF ANY SONG. YOUR USE IS AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTHIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR (B) AGGREGATE LIABILITY EXCEEDING THE GREATER OF (i) AMOUNTS YOU PAID TO NEXTHIT IN THE 12 MONTHS PRECEDING THE CLAIM OR (ii) USD 100, REGARDLESS OF THE THEORY OF LIABILITY.

13. Indemnification

You will defend, indemnify, and hold harmless NextHit from and against any claims, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your User Content; (b) your breach of these Terms; or (c) your violation of any law or third‑party right.

14. Termination

We may suspend or terminate your access to the Service at any time with or without notice if we believe you have violated these Terms or if we discontinue the Service. Upon termination, licences granted by you will survive, but your right to use the Service will cease.

15. Changes to Terms or Service

We may modify these Terms at any time. We will notify you (e.g., via the Service or e‑mail) at least 15 days before changes take effect, unless the change addresses new features or legal requirements. Continued use after the effective date constitutes acceptance.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Jurisdiction, e.g., the State of Delaware, USA], without regard to conflict‑of‑law principles.

Binding Arbitration & Class‑Action Waiver

Any dispute arising out of or relating to these Terms or the Service shall be resolved by final, binding arbitration administered by the [American Arbitration Association / relevant arbitration body]. You and NextHit waive any right to participate in class actions. Either party may seek injunctive relief in any competent court to protect its intellectual‑property or confidential‑information rights.

If arbitration is unenforceable under applicable law, the parties submit to the exclusive jurisdiction of the state and federal courts located in [Location].

17. Compliance & Copyright

We respect intellectual property. If you believe content on the Service infringes your copyright, please send a takedown notice to legal (at) nexthit (dot) co with complete details. We may remove content and terminate repeat infringers in accordance with the Digital Millennium Copyright Act or applicable local law.

18. Confidentiality

Any non‑public information that the parties share in connection with the Service shall be kept confidential and used only for the purpose of fulfilling obligations under these Terms.

19. Force Majeure

NextHit will not be liable for delays or failures caused by circumstances beyond its reasonable control (e.g., natural disasters, acts of war, labour disputes, Internet outages, governmental restrictions).

20. Miscellaneous

  • Entire Agreement. These Terms constitute the entire agreement between you and NextHit concerning the Service and supersede any prior agreements.
  • Severability. If any provision is held invalid, the remaining provisions remain in force.
  • Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
  • No Waiver. Failure to enforce any provision shall not be deemed a waiver.
  • Headings. Headings are for convenience only and have no legal effect.

21. Contact Us

If you have questions about these Terms or the Service, please contact:

Goforce Inc.
Attn: Legal Department
E‑mail: legal (at) nexthit (dot) co
Address: 30 N Gould St # 41550 Sheridan, WY 82801

© 2025 Goforce Inc. All rights reserved.