These Terms of Service (“Terms”) govern your access to and use of NextOnCall (the “Service”), provided by Next on Call, LLC (“the Company,” “we,” “us”). By creating an account or using the Service you agree to be bound by these Terms. If you don’t agree, do not use the Service.
1. The Service
NextOnCall is a software-as-a-service platform that helps organizations route incoming voice calls and SMS to whichever member of their team is currently on call. The Service includes:
- A web dashboard for administrators to manage personnel, schedules, and account settings.
- A mobile app for providers (on-call personnel) to view their schedules, receive notifications, and answer routed calls.
- Backend integration with Twilio for voice routing and SMS delivery.
The exact features available to you depend on the plan tier your account has subscribed to.
2. SMS text messaging program
The NextOnCall text messaging program sends SMS messages to registered users of the Service. By providing your mobile phone number during account creation (or when an administrator adds you as a provider and you complete sign-in), you consent to receive the following types of messages from us:
- One-time login codes — sent when you sign in to the NextOnCall app.
- Missed-call and on-call alerts — operational notifications that a caller attempted to reach your practice line while you are on call, which may include the caller’s callback number.
Program details:
- Message frequency varies based on your on-call schedule and account activity.
- Message and data rates may apply depending on your mobile carrier and plan.
- To opt out, reply STOP to any message from us. You will receive a single confirmation message and no further texts. Note that opting out of SMS disables SMS login codes and missed-call alerts, which are core functions of the Service; you can also manage alert preferences in the app’s settings.
- For help, reply HELP to any message, or contact us at contact@nextoncall.com.
- Carriers are not liable for delayed or undelivered messages.
- How we handle your phone number and message data is described in our Privacy Policy.
- Full opt-in details, including the signup consent disclosure, are documented at nextoncall.com/sms-optin.html.
3. Eligibility
You may use the Service only if you:
- Are at least 18 years old.
- Have the authority to enter into these Terms on behalf of yourself or any organization you represent.
- Are not barred from receiving the Service under applicable laws (including U.S. export controls and sanctions).
The Service is intended for business use. It is not intended for personal consumer use, and we may decline accounts that don’t reflect a legitimate business purpose.
4. Accounts
4.1 Account types
- Administrator accounts are created by signing up at nextoncall.com. Administrators are responsible for their account and any sub-users (Providers) they add.
- Provider accounts are added to an existing administrator account by an administrator and authenticated by SMS one-time code. Providers do not have billing rights or administrative control.
4.2 Account responsibility
You are responsible for keeping your account credentials confidential. Notify us immediately at contact@nextoncall.com if you suspect unauthorized access. You are responsible for all activity that happens under your account, except to the extent caused by our breach of these Terms or our negligence.
4.3 Accurate information
You agree to provide accurate, current, and complete information during registration and to keep it up to date. We may suspend or terminate accounts that contain inaccurate or fraudulent information.
5. Acceptable use
When using the Service, you agree not to:
- Use the Service for any unlawful purpose, including violating telecommunications regulations (TCPA, CAN-SPAM, etc.).
- Use the Service to send unsolicited or unwanted marketing messages.
- Attempt to gain unauthorized access to other accounts, systems, or data.
- Interfere with or disrupt the Service, its servers, or networks.
- Reverse engineer, decompile, or attempt to extract source code from the Service except as expressly permitted by law.
- Use the Service to harass, threaten, or harm others.
- Misrepresent your identity or affiliation.
- Upload viruses, malware, or any other harmful code.
- Resell, sublicense, or redistribute access to the Service without our written permission.
Violation of this section may result in immediate suspension or termination of your account, with or without notice depending on the severity.
6. Subscriptions and billing
6.1 Plans and fees
Paid plans are billed at the rate displayed at the time of purchase. Fees are charged through our payment processor (Stripe). Plan tiers, included usage limits, and any overage rates are listed on our pricing page.
6.2 Renewal
Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date. You can cancel from your account’s billing settings or by contacting us.
6.3 Refunds
Fees are generally non-refundable. We may issue a refund or credit at our sole discretion for service outages or other extraordinary circumstances.
6.4 Taxes
Fees do not include taxes, levies, or duties. You are responsible for any such charges that apply to your purchase.
6.5 Twilio usage
The Service incurs per-minute and per-message charges from Twilio for voice and SMS traffic. These charges may be passed through to you depending on your plan. Detail of pass-through pricing is available on our pricing page.
7. Intellectual property
The Service, including all software, design, text, graphics, and trademarks, is owned by the Company or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own internal business purposes during your subscription.
You retain ownership of any content you submit to the Service (schedules, contact data, caller notes, etc.). You grant us a limited license to host, process, and transmit that content as needed to provide the Service.
8. Privacy
Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. Service availability
We strive to keep the Service available 24/7 but we do not guarantee uninterrupted access. Planned maintenance, third-party outages (e.g., Twilio, our hosting provider), and unforeseen issues may cause downtime. We will make reasonable efforts to provide advance notice of planned maintenance.
Custom service-level commitments, if any, are documented in a separate agreement.
10. Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that the Service will be uninterrupted, secure, error-free, or will meet your specific requirements. The Service is not a substitute for emergency services. Do not rely on it for life-threatening emergencies; contact local emergency services (e.g. 911) directly.
11. Limitation of liability
To the maximum extent permitted by law, in no event will the Company, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the Service, regardless of the legal theory.
Our total cumulative liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
12. Indemnification
You agree to defend, indemnify, and hold the Company harmless from any claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Service, (c) your violation of any law or third-party right, or (d) content you submit to the Service.
13. Termination
You may stop using the Service at any time and cancel your subscription from the billing settings. We may suspend or terminate your account if you violate these Terms or pose a risk to the Service or other users.
Upon termination, your right to use the Service ends immediately. We may delete your account data after a reasonable retention window as described in our Privacy Policy. Sections of these Terms that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.
14. Governing law
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms is the state or federal courts located in Wyoming, and the parties consent to the personal jurisdiction of those courts.
15. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent change. If we make a material change, we’ll notify administrators by email and providers via an in-app banner at least 14 days before the change takes effect. Continued use of the Service after the change indicates acceptance.
16. Contact
If you have any questions about these Terms:
- Email: contact@nextoncall.com