Terms of Service.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and NextBelt LLC ("NextBelt," "we," "us," or "our"), governing your access to and use of the Smart Maintenance Management System ("SMMS") platform, website, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. If you do not agree to these Terms, do not use the Services.

2. Description of Services

2.1 SMMS Platform

SMMS is a cloud-based maintenance management platform that provides:

• Work order management and tracking
• Asset lifecycle management aligned with ISO 14224
• Preventive and predictive maintenance scheduling
• Inventory and parts management
• Compliance tracking and audit-ready documentation
• Role-based access control with multi-tenant isolation
• Reporting and analytics dashboards

2.2 ELISA AI Assistant

The Services may include access to ELISA, our AI-powered maintenance assistant. By using ELISA, you acknowledge that:

• ELISA provides suggestions and recommendations, not professional engineering or legal advice
• AI-generated outputs should be reviewed and validated by qualified personnel before implementation
• NextBelt does not warrant the accuracy, completeness, or suitability of AI-generated outputs for any particular purpose
• Customer Data is not used to train AI models; it is processed only within the context of your queries and discarded after session completion
• You retain ownership of any outputs generated by ELISA using your data

2.3 Consulting Services

Where applicable, NextBelt may provide implementation, training, or consulting services under a separate Statement of Work (SOW) that supplements these Terms.

3. Account Registration

To use the Services, you must:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly notify NextBelt of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

NextBelt reserves the right to suspend or terminate accounts that violate these Terms or that are used for unauthorized purposes.

4. Subscription and Fees

4.1 Pricing

Access to the Services is provided on a subscription basis. Pricing details, including plan tiers, user limits, and feature availability, are set forth on the SMMS pricing page or in a separate Order Form.

4.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis as selected at subscription
• All fees are non-refundable except as expressly stated herein or required by law
• Payment is processed through Stripe; you agree to Stripe's terms of service for payment processing
• Late payments may incur interest at 1.5% per month or the maximum rate permitted by law

4.3 Price Changes

We may adjust pricing with 30 days' written notice before the next billing cycle. Continued use after a price change constitutes acceptance.

5. Customer Data

5.1 Ownership

You retain all rights, title, and interest in your data entered into the Services ("Customer Data"). NextBelt acquires no ownership rights in Customer Data.

5.2 Data Security

NextBelt implements industry-standard security measures including AES-256 encryption at rest, TLS 1.2+ in transit, role-based access controls, and continuous monitoring. See our Security page for details.

5.3 Data Portability

Upon request, NextBelt will provide an export of your Customer Data in standard formats (CSV, JSON) within 30 business days. Following account termination, data is retained in secure archive for up to 3 years before secure deletion; earlier deletion is available on request.

5.4 Data Processing

Our processing of personal data within Customer Data is governed by our Privacy Policy. Enterprise customers may execute a Data Processing Agreement (DPA) by contacting legal@smmsapp.com.

6. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable regulations
• Reverse-engineer, decompile, or disassemble any part of the Services
• Attempt to gain unauthorized access to any portion of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Upload malicious code, viruses, or harmful data
• Share account credentials with unauthorized parties
• Resell, sublicense, or redistribute the Services without written authorization
• Use the Services to store or transmit content that infringes intellectual-property rights

7. Intellectual Property

The Services, including all software, algorithms, user interfaces, documentation, and trademarks, are owned by NextBelt LLC and protected by intellectual-property laws. Your subscription grants a limited, non-exclusive, non-transferable license to use the Services during the subscription term.

8. Third-Party Services

The Services may integrate with or contain links to third-party services (e.g., Stripe for payments, OpenAI for ELISA). NextBelt is not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

9. Service Level

9.1 Uptime Target

NextBelt targets 99.9% monthly uptime for the Services, excluding scheduled maintenance windows and force-majeure events.

9.2 Scheduled Maintenance

We will provide at least 48 hours' notice for planned maintenance that may affect availability. Maintenance windows are typically scheduled during off-peak hours (weekends, 2:00–6:00 AM CST).

9.3 Support

Standard support is available via email at support@smmsapp.com during business hours (Mon–Fri, 8 AM–6 PM CST). Enterprise plans may include enhanced support SLAs as specified in the applicable Order Form.

10. Warranties and Disclaimers

NextBelt warrants that the Services will perform substantially in accordance with the applicable documentation. Except for this limited warranty:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEXTBELT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEXTBELT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTBELT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL NEXTBELT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

The above limitations do not apply to: (a) liability arising from NextBelt's gross negligence or willful misconduct; (b) breach of confidentiality obligations; (c) indemnification obligations under Section 12; or (d) liability that cannot be excluded or limited under applicable law.

12. Indemnification

12.1 By NextBelt

NextBelt will defend, indemnify, and hold harmless Customer from third-party claims alleging that the Services infringe any third-party intellectual property right, provided Customer gives prompt notice and reasonable cooperation.

12.2 By Customer

Customer will defend, indemnify, and hold harmless NextBelt from claims arising from: (a) Customer's use of the Services in violation of these Terms; (b) Customer Data; or (c) Customer's violation of applicable law.

13. Term and Termination

13.1 Term

These Terms are effective upon your first access to the Services and continue until terminated.

13.2 Termination for Convenience

Either party may terminate by providing 30 days' written notice before the end of the current billing period.

13.3 Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure within 30 days of receiving notice.

13.4 Effect of Termination

Upon termination:

• Your access to the Services will be disabled
• Customer Data will be available for export for 30 days, retained in secure archive for up to 3 years, then securely deleted (earlier deletion available on request)
• All fees owed through the termination date remain payable
• Sections that by their nature should survive (IP, liability, indemnification, dispute resolution) will survive

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

14.2 Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in Phoenix, Arizona, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis, not in a class, consolidated, or representative action.

14.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual-property rights or confidentiality obligations.

15. General Provisions

15.1 Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures. If a force-majeure event continues for more than 60 days, either party may terminate without liability.

15.2 Assignment

You may not assign these Terms without NextBelt's prior written consent. NextBelt may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all assets.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.4 Entire Agreement

These Terms, together with any Order Form or SOW, constitute the entire agreement between the parties and supersede all prior agreements related to the Services.

15.5 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16. Contact Information

For questions about these Terms of Service:

© 2025–2026 NextBelt LLC. All rights reserved.