Terms of Service

1. Acceptance of Terms

By accessing or using nextgenmissioncritical.com (the "Site") or any services provided by NextGen Mission Critical ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Site or our services.

2. Description of Services

NextGen Mission Critical provides Owner's Representative and consulting services for mission-critical data center projects. Our services include project oversight, site selection guidance, design review, construction management, and commissioning support. We also offer AI-powered engineering calculation tools ("AI Tools") accessible through paid subscription plans.

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Site or its systems
• Interfere with or disrupt the Site or servers
• Use automated tools to scrape, crawl, or extract data from the Site
• Transmit any malicious code, viruses, or harmful content

4. AI Tools Disclaimer

Our AI-powered engineering tools provide estimates and calculations for informational and planning purposes only. These tools are not a substitute for professional engineering advice. All outputs should be verified by qualified professionals before use in any design, construction, or operational decisions.

We do not guarantee the accuracy, completeness, or suitability of AI Tool outputs for any particular purpose. You assume full responsibility for how you use the information provided by our AI Tools.

5. AI Tools Subscriptions and Payments

AI Tools are available through paid subscription plans processed by Stripe. By subscribing, you agree to pay the applicable fees for your selected plan. Subscriptions renew automatically unless cancelled before the renewal date.

We reserve the right to change subscription pricing with 30 days notice. Refund requests are handled on a case-by-case basis. Contact us at logan@nextgenmissioncritical.com for billing inquiries.

6. Intellectual Property

All content on the Site — including text, graphics, logos, images, software, and design — is the property of NextGen Mission Critical or its licensors and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

7. Confidentiality

Information shared through our consultation process, contact forms, or AI chat widget regarding your project details is treated as confidential. We will not disclose your project information to third parties without your consent, except as required by law. Formal consulting engagements are governed by separate confidentiality agreements.

8. Limitation of Liability

To the fullest extent permitted by law, NextGen Mission Critical shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our services. Our total liability for any claim shall not exceed the amount you paid us in the twelve months preceding the claim.

The Site and all content are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Indemnification

You agree to indemnify and hold harmless NextGen Mission Critical, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.

10. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where injunctive relief is sought.

11. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated revision date. Your continued use of the Site after modifications constitutes acceptance of the updated Terms.

12. Termination

We may suspend or terminate your access to the Site or AI Tools at our discretion if you violate these Terms. Upon termination, your right to use the Site ceases immediately. Sections that by their nature should survive termination will remain in effect.

13. Contact Us

For questions about these Terms, contact us at: logan@nextgenmissioncritical.com