Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Nexbook, Inc. ("Nexbook," "we," "us," or "our"), a New York company. These Terms govern your access to and use of the Nexbook mobile application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that apply to specific features. If you do not agree to these Terms, do not use the Service. Your use of the Service is also subject to the terms of the platform through which you downloaded the application (e.g., Apple App Store or Google Play Store).

2. Eligibility

You must be at least 16 years old to create a Nexbook account. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Service is intended for use within the United States.

By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and that you are not barred from using the Service under any applicable law.

3. The Service

Nexbook is a technology platform that connects activity-based businesses ("Organizations") — such as swim schools, music academies, tutoring centers, and similar providers — with consumers ("Consumers") who book lessons and programs for themselves or their families.

Nexbook is a marketplace, not a service provider. We facilitate connections and transactions between Organizations and Consumers. We are not responsible for the quality, safety, legality, or suitability of any lesson, program, or instruction offered through the Service. Organizations are independent businesses — not employees, agents, or contractors of Nexbook.

The Service includes features for scheduling, booking, payment processing, messaging, and organization management. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.

4. Accounts & Registration

To use certain features, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to:

Provide truthful and current information during registration and keep it updated
Not share your account credentials or allow others to access your account
Notify us immediately at nexbook.io@gmail.com if you suspect unauthorized access to your account
Not create more than one personal account, or create an account on behalf of another person without their permission

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

5. Bookings & Cancellations

5.1 Making Bookings

When you book a lesson or program through Nexbook, you are entering into a direct arrangement with the Organization offering that service. Nexbook facilitates the booking and payment but is not a party to the agreement between you and the Organization.

5.2 Cancellation Policies

Each Organization may set its own cancellation and rescheduling policies, which will be displayed at the time of booking. You are responsible for reviewing and understanding the applicable cancellation policy before confirming a booking.

If no Organization-specific cancellation policy is displayed, the following default policy applies:

More than 24 hours before the lesson: Full refund or credit.
Less than 24 hours before the lesson: No refund. The Organization may, at its discretion, offer a credit or reschedule.
No-show: No refund.

5.3 Organization Cancellations

If an Organization cancels a lesson or program, you will receive a full refund for that booking. Nexbook is not liable for any costs, inconvenience, or damages resulting from an Organization's cancellation.

5.4 Booking Accuracy

You are responsible for ensuring the accuracy of your booking details, including participant names, dates, times, and any special requirements. Errors in booking details are your responsibility and may not be eligible for a refund.

6. Payments, Fees & Refunds

6.1 Payment Processing

All payments are processed through Stripe, Inc. ("Stripe") via Stripe Connect. By making a payment through Nexbook, you also agree to Stripe's Connected Accounts Agreement and Services Agreement. Nexbook does not store your full credit card number.

6.2 Pricing

Lesson and program prices are set by Organizations and displayed at the time of booking. All prices are in U.S. dollars unless otherwise stated. Prices may change at any time, but changes will not affect bookings you have already confirmed and paid for.

6.3 Platform Fees

Nexbook may charge service fees to Organizations and/or Consumers for use of the platform. Any fees applicable to you will be clearly disclosed before you complete a transaction.

6.4 Refunds

Refunds are governed by the applicable cancellation policy (see Section 5). If you believe you are entitled to a refund not covered by the cancellation policy, contact us at nexbook.io@gmail.com. We will review your request and, where appropriate, coordinate with the Organization. Refund decisions are final.

6.5 Taxes

You are responsible for any applicable taxes associated with your use of the Service. Organizations are responsible for collecting and remitting any sales, use, or other taxes required by law in connection with the services they provide.

7. Admin & Organization Terms

If you use Nexbook as an Organization administrator ("Admin"), the following additional terms apply:

7.1 Organization Responsibilities

You represent that you have the authority to act on behalf of the Organization and to bind it to these Terms.
You are solely responsible for the accuracy of all information you publish through Nexbook, including program descriptions, pricing, schedules, instructor qualifications, and location details.
You are solely responsible for the quality and safety of the lessons, programs, and services you provide. Nexbook does not supervise, direct, or control your services.
You must comply with all applicable laws, regulations, and licensing requirements related to the services you offer, including any permits, insurance, or certifications required in your jurisdiction.

7.2 Relationship with Consumers

When a Consumer books through Nexbook, you enter into a direct service agreement with that Consumer. You — not Nexbook — are the provider of the lesson or program. Nexbook is not a party to this agreement and has no liability for the services you provide.

7.3 Data Responsibilities

You will receive Consumer and participant data (names, contact information, booking details, children's information) necessary to fulfill bookings. You agree to:

Use this data only for the purpose of providing the booked services and communicating with the Consumer about those services.
Not sell, share, or use Consumer data for marketing or any purpose unrelated to the services booked through Nexbook.
Comply with all applicable privacy laws, including COPPA where you handle data about children under 13.
Implement reasonable security measures to protect Consumer data.

7.4 Payments to Organizations

Nexbook facilitates payments from Consumers to Organizations via Stripe Connect. Payouts are subject to Stripe's processing timelines and your Stripe account setup. Nexbook may deduct applicable platform fees before disbursement. You are responsible for maintaining an active, valid Stripe account.

7.5 Insurance

Organizations are strongly encouraged to maintain appropriate liability insurance covering the activities and services they offer through Nexbook. Nexbook does not provide insurance coverage to Organizations or their participants.

7.6 Organization-Created Contracts, Waivers & Agreements

Nexbook may provide tools that allow Organizations to create, distribute, and collect signatures on contracts, liability waivers, participation agreements, and other documents ("Organization Documents") through the Service. With respect to Organization Documents:

Organization Documents are created solely by the Organization. Nexbook does not draft, review, approve, endorse, or verify the content, accuracy, legality, or enforceability of any Organization Document. The Organization is the sole author and is solely responsible for the content and legal sufficiency of its documents.
Nexbook is not a party to any Organization Document. Any contract, waiver, or agreement presented to a Consumer or participant through Nexbook is a direct agreement between the Organization and the signee. Nexbook has no obligations or liability arising from any Organization Document.
Organizations bear all legal responsibility for ensuring their documents comply with applicable laws, including but not limited to consumer protection statutes, enforceability requirements for liability waivers in their jurisdiction, and age-of-consent requirements for agreements involving minors.
Nexbook provides a delivery mechanism only. The Service may facilitate the electronic delivery and signature collection of Organization Documents, but Nexbook makes no representation that the electronic signature process satisfies the requirements of the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), or any other applicable law governing electronic signatures. Organizations are responsible for ensuring their use of electronic signatures is legally valid for their specific documents and jurisdiction.
Consumers should read all Organization Documents carefully before signing. By signing an Organization Document through the Service, you acknowledge that you are entering into an agreement with the Organization — not with Nexbook — and that Nexbook has no liability for the terms, enforcement, or consequences of that document.

Nexbook disclaims all liability arising from or related to Organization Documents, including but not limited to claims that an Organization Document is unenforceable, misleading, unlawful, or caused harm to any party.

8. User Conduct

You agree not to use the Service to:

Violate any applicable law or regulation
Infringe the rights of any third party, including intellectual property, privacy, or publicity rights
Post or transmit content that is defamatory, obscene, threatening, abusive, or otherwise objectionable
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Interfere with or disrupt the Service, servers, or networks connected to the Service
Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
Use any automated means (bots, scrapers, crawlers) to access the Service without our prior written consent
Collect or harvest personal information of other users without their consent
Use the Service to send unsolicited communications, spam, or advertisements
Circumvent, disable, or interfere with any security features of the Service

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending accounts, and reporting violations to law enforcement.

9. User Content

"User Content" means any text, images, photos, reviews, messages, or other materials you submit, post, or transmit through the Service.

9.1 Ownership

You retain ownership of your User Content. However, by submitting User Content to Nexbook, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, distribute, and create derivative works of your User Content in connection with operating, promoting, and improving the Service.

9.2 Responsibility

You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to submit your User Content, and that your User Content does not violate any third party's rights or any applicable law.

9.3 Removal

We may, but are not obligated to, review, monitor, or remove User Content at our sole discretion, for any reason, including content we believe violates these Terms or is otherwise objectionable. We have no obligation to store or maintain your User Content.

10. Assumption of Risk

Lessons and programs booked through Nexbook may involve physical activities — including but not limited to swimming, sports, dance, martial arts, and other activities — that carry inherent risks of physical injury, illness, or death. These risks exist regardless of the care and precautions taken by the Organization or its instructors.

By using the Service to book or participate in any activity, you:

Acknowledge that participation involves known and unknown risks
Voluntarily assume all such risks, both known and unknown
Agree that Nexbook has no responsibility or liability for any injury, illness, damage, or loss resulting from your participation in any activity booked through the Service
Understand that the Organization — not Nexbook — is solely responsible for the safety and supervision of its activities

If you are booking activities for a minor, you represent that you are the parent or legal guardian of that minor and you accept these risks on their behalf.

11. Intellectual Property

The Service, including its design, text, graphics, logos, icons, images, software, and all other content and materials (excluding User Content), is owned by or licensed to Nexbook and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms. You may not:

Copy, modify, distribute, sell, or lease any part of the Service
Reverse engineer or attempt to extract the source code of the Service
Use the Nexbook name, logo, or branding without our prior written consent
Remove or alter any copyright, trademark, or other proprietary notices

Copyright Complaints

If you believe content on the Service infringes your copyright, please send a notice to nexbook.io@gmail.com with: (a) a description of the copyrighted work, (b) identification of the allegedly infringing material and its location on the Service, (c) your contact information, (d) a statement that you have a good faith belief the use is not authorized, and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on the owner's behalf.

12. Third-Party Services

The Service may contain links to or integrations with third-party websites, apps, or services (including Stripe, Supabase, Expo, and Sentry). These third-party services are not controlled by Nexbook, and we are not responsible for their content, privacy practices, or availability. Your use of third-party services is at your own risk and subject to their respective terms and policies.

13. Disclaimers of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Nexbook disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, Nexbook does not warrant that:

The Service will be uninterrupted, secure, or error-free
Any information provided through the Service is accurate, reliable, or complete
Any Organization, instructor, lesson, or program listed on the Service meets any particular standard of quality, safety, or legality
Any contract, waiver, or other document created by an Organization through the Service is enforceable, legally sufficient, or compliant with applicable law
Defects in the Service will be corrected
The Service is free of viruses or other harmful components

Nexbook does not endorse, certify, or guarantee the qualifications, background, or competence of any Organization or instructor listed on the Service. You are solely responsible for evaluating the suitability of any Organization or program before booking.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

Nexbook, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if Nexbook has been advised of the possibility of such damages.

Without limiting the foregoing, Nexbook shall have no liability for any claims arising from or related to: (a) the content, enforceability, or legal effect of any contract, waiver, or agreement created or distributed by an Organization through the Service; (b) any injury, loss, or damage arising from activities or services provided by an Organization; or (c) any dispute between a Consumer and an Organization.

In no event shall Nexbook's total aggregate liability to you for all claims arising out of or related to these Terms or the Service exceed the greater of: (a) the amounts you have paid to Nexbook in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

The limitations in this section apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Nexbook has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Nexbook, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any applicable law or the rights of a third party
Any activity or service you provide as an Organization through the Service
Any contract, waiver, or agreement you create, distribute, or collect signatures on through the Service
Any dispute between you and a Consumer or Organization

16. Dispute Resolution & Arbitration

16.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to contact us at nexbook.io@gmail.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Nexbook agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, interpretation, performance, or breach of these Terms) shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.

The arbitration shall take place in New York, New York, or at another mutually agreed location, or may be conducted by phone or video conference for claims under $25,000. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

You and Nexbook agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court for claims within that court's jurisdiction; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

16.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to nexbook.io@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your Nexbook account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the governing law and jurisdiction provisions in Section 19 will apply.

16.6 Survival

This arbitration agreement survives termination of your account or these Terms.

17. Termination

17.1 By You

You may stop using the Service and close your account at any time through Settings → Account → Delete Account, or by contacting nexbook.io@gmail.com. Closing your account does not relieve you of any obligations incurred before termination (including any outstanding payments or active bookings).

17.2 By Nexbook

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent or illegal activity, extended inactivity, or conduct that harms other users or Nexbook.

17.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

18. Modifications to Terms

We may revise these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top and notify you through the app or via email at least 15 days before the changes take effect.

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and close your account before the changes take effect.

19. General Provisions

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Subject to the arbitration agreement in Section 16, any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Nexbook regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Nexbook.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Nexbook may assign these Terms without restriction in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure

Nexbook is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet or telecommunications failures, or labor disputes.

Notices

We may send you notices via email to the address associated with your account, through the app, or by posting on the Service. You are responsible for keeping your email address current. Notices to Nexbook should be sent to nexbook.io@gmail.com.

20. Contact

If you have questions about these Terms:

Email: nexbook.io@gmail.com