SDR BS

Terms of Service

SDR BS is a brand of NextGen Sales Systems LLC. This page has two parts: the SDR BS Brand Addendum, which covers SDR BS and the BS Catcher, and the NextGen Sales Systems Terms of Service, which apply in full. Our Privacy Policy also applies.

SDR BS Brand Addendum

to the NextGen Sales Systems LLC Terms of Service and Privacy Policy
Version 2.2 · Effective 30 October 2026

1. About SDR BS

1.1 SDR BS (sdrbs.com) is a brand of NextGen Sales Systems LLC, a Wyoming limited liability company ("NextGen", "we" or "us"). "SDR BS" is an assumed name of NextGen Sales Systems LLC. The BS Catcher is a service sold under the SDR BS brand.

1.2 This addendum adds to our Terms of Service (sdrbs.com/terms) and Privacy Policy (sdrbs.com/privacy). Those documents apply in full to SDR BS. Where this addendum conflicts with them, this addendum controls for SDR BS only (Section 1.7 of the Terms). A written agreement signed by you and NextGen controls over this addendum for the services it covers. Capitalised words not defined here have the meaning given in the Terms.

1.3 SDR BS is not a product of RevyOps, LLC. RevyOps has no obligations or liability for SDR BS.

1.4 In this addendum:

2. What SDR BS provides

2.1 Sample report (free). After you submit the form at sdrbs.com, we show you a sample report. The sample report is built entirely from fictional data. The people, numbers and findings in it are made up to show what a report looks like. It is not a report on your team and does not predict what the Service would find on your team.

2.2 Sales call (free). You can book a call of about 30 minutes to talk about the Service. On the call we explain how it works and give you the price for your team size. The sample report and the call are free Services under Section 4.1 of the Terms.

2.3 The BS Catcher Service (paid). The BS Catcher Service is a managed monthly service. NextGen runs it for you. Once you have placed an Order and given us read access to your CRM and dialer, we:

We deliver Reports by email, Slack or another channel named in your Order. Any CRM or dialer we can get read access to is acceptable for your first month. If we cannot connect to your systems well enough to run the Service, we will tell you, and you can use the guarantee as set out in Section 3.3(d).

2.4 What you do not get. The Service is a service, not software. We do not give you, and you do not get any right to, our code, scripts, prompts, AI instructions, audit method, rules, configuration, documentation or any other material we use to run the Service. None of these are Free Materials under Section 6 of the Terms. You do not get access to our systems, and you may not try to work out how the Service produces its Reports in order to copy it.

2.5 Our intellectual property. NextGen owns the Service and everything we use to run it, including any improvements, and the design and format of the Reports (Section 11 of the Terms). Nothing in this addendum or an Order transfers any of it to you.

2.6 Your data and the Reports. You own your Client Data. You may use the Reports, and copy and share them within your organisation, for your internal business purposes. You may keep Reports we have already delivered after the Service ends. You may not resell the Reports or the Service, or use them to provide a similar service to anyone else.

2.7 Other services. We may offer you other services, such as the AI Sales Manager. Each is a separate service under its own Order and terms. This addendum and the guarantees in Sections 3.3 and 3.7 do not apply to them.

2.8 Free live-data day (free). Before you place an Order, we may offer to run the Service on your own data for one working day (a "Free Day"). If you accept:

3. Fees, the guarantees and cancellation

3.1 Fees. You pay the monthly fee in your Order. The fee depends on the number of sales reps the Service covers, as set out in your Order. Fees are in US dollars and do not include taxes, as set out in Section 7.1 of the Terms.

3.2 Billing. We charge the monthly fee in advance, through our payment processor, on the day your Order starts and then on the same day each month. If a payment fails, we may pause the Service until it is paid (Section 7.2 of the Terms). If the number of reps you ask us to cover moves you into a higher band, we will tell you the new fee before it applies, and it applies from your next billing date.

3.3 30-day money-back guarantee.

3.4 This overrides Section 7.4 of the Terms for the BS Catcher Service. Section 7.4 of the Terms says that all fees other than for NextGen Sales Systems School courses are non-refundable unless a signed agreement or proposal says otherwise. For the BS Catcher Service only, Sections 3.3 and 3.7 of this addendum apply instead of that rule, and the reference to Section 7.4 in Section 16.2 of the Terms means this Section 3. If your Order is a proposal or signed agreement with its own refund terms, those terms apply. Section 7.4 of the Terms continues to apply to everything else.

3.5 Term and cancellation. The Service runs month to month and renews automatically at the end of each billing period, as set out in Section 7.3 of the Terms. There is no minimum term unless your Order sets one. You can cancel at any time by emailing ben@nextgensalessystems.com. Cancellation takes effect at the end of the billing period you have paid for, and the Service continues until then. Apart from the guarantees in Sections 3.3 and 3.7, we do not refund fees for a billing period that has started.

3.6 If we end the Service. We may end the Service with 30 days' notice by email, or sooner under Section 16.2 of the Terms. If we end it for any reason other than your breach of the Terms or your Order, we will refund the fees you prepaid for the part of the billing period after the Service ends.

3.7 Talk-time guarantee: 20% more time on the phone in 30 days, or you don't pay.

4. What we collect through SDR BS

4.1 The form. To see the sample report, you give us the details the form asks for, such as your work email address, phone number and the size of your sales team. We accept only work email addresses. We use this information as described in the Privacy Policy, including to show you the report, contact you about your request and our Services, and measure our advertising.

4.2 Booking. If you book a call, our scheduling tool (Calendly) collects your booking details and any answers you give.

4.3 Advertising. SDR BS is promoted with paid ads on Meta and LinkedIn. The SDR BS site uses Google Analytics, Google Tag Manager, Hotjar, the Meta Pixel and Conversions API, the LinkedIn Insight Tag and Conversions API, and RevyOps website tracking, as described in Section 5 of the Privacy Policy. We store what you enter in the form in our CRM (Close). We do not send your phone number to any advertising platform. If you reach us through a lead form inside Meta or LinkedIn, the platform passes us what you entered, and this addendum applies to it.

4.4 Calls. We may record and transcribe calls with Fathom, an AI note-taking tool, and will tell you at the start of the call. A recording captures anything you show on screen. If you share your screen or your CRM during a call, you decide what to show. Before you share, please hide or filter out personal information about your reps that we do not need to see, such as pay, contact details, personal notes or anything about health or personal life.

4.5 Client Data for the Service. To run the Service, or a Free Day, we need read access to your CRM and dialer, for example through an API key or a user with read-only permissions. You choose what to connect.

4.6 Retention and deletion. We keep SDR BS form and booking information for the periods in Section 8 of the Privacy Policy. When the Service ends, we delete Client Data and our copies of the Reports within 30 days, unless you ask us to send them to you first or the law requires us to keep them. We keep billing records as Section 8 of the Privacy Policy says. If you would like us to delete a call recording, email us and we will do so.

4.7 How this fits the Privacy Policy. Sections 2.4 and 4.4 of the Privacy Policy say we do not want, copy or keep personal information about your employees or data from your systems. For the BS Catcher Service, Section 4.5 of this addendum applies instead, because running the Service requires it. Those sections still apply to sales calls.

5. Text messages from SDR BS

5.1 If you tick the text-message box on the SDR BS form, you agree to receive recurring automated text messages from SDR BS (NextGen Sales Systems LLC) at the number you gave us, including booking confirmations, reminders and follow-ups about our Services. If you book a call through Calendly and give a mobile number for reminders, Calendly sends those reminders.

5.2 Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help. Consent is not a condition of any purchase or of seeing the sample report. The full texting terms are in Section 8.3 of the Terms.

5.3 WE DO NOT SHARE YOUR MOBILE NUMBER OR TEXT-MESSAGE OPT-IN DATA WITH THIRD PARTIES OR AFFILIATES FOR MARKETING OR PROMOTIONAL PURPOSES.

6. Your responsibilities for your team's data

6.1 The Service is about people. The Service compares your sales reps' activity in your CRM and dialer with a working day. That means it processes personal information about your employees and contractors, and its Reports may be used to judge their work. You are the employer or client of those people, and you alone decide whether to use the Service, which reps it covers and what to do with the Reports.

6.2 Before you connect us, and while the Service runs, you are responsible for:

6.3 Decisions about people. CRM and dialer activity is not a complete record of the work a person does. Calls may be logged late or not at all. Time zones, part days, approved breaks, meetings, training, research, other tools and system errors can all make someone look less active than they were. Reports are produced with automated and AI tools and can be wrong. Therefore:

6.4 What NextGen is not. NextGen processes your own records, for you, on your instructions. We do not gather information about your reps from any other source, and we give Reports only to you. NextGen does not make or recommend employment decisions about any person and is not your employer-of-record. You must not use Reports for any purpose that would make them consumer reports under the Fair Credit Reporting Act.

7. SDR BS disclaimer, liability and indemnity

7.1 THE SAMPLE REPORT, THE SALES CALL AND ANY FREE DAY ARE PROVIDED FREE OF CHARGE AND "AS IS". THE BS CATCHER SERVICE AND THE REPORTS ARE PROVIDED "AS IS", EXCEPT FOR THE GUARANTEE IN SECTION 3.3. IN ADDITION TO SECTION 13 OF THE TERMS, NEXTGEN DOES NOT WARRANT THAT ANY REPORT WILL BE ACCURATE OR COMPLETE, THAT IT WILL IDENTIFY EVERY REP WHO IS NOT WORKING, THAT A REP IT NAMES WAS NOT WORKING, THAT IT IS FIT FOR EVALUATING ANY PERSON, OR THAT YOUR USE OF THE SERVICE OR THE REPORTS WILL COMPLY WITH ANY LAW. YOUR REMEDY IF YOU ARE NOT SATISFIED WITH THE SERVICE IS THE REFUND IN SECTION 3.3, IF YOU MEET ITS CONDITIONS.

7.2 NEXTGEN'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SAMPLE REPORT, THE SALES CALL AND ANY FREE DAY IS LIMITED TO ONE HUNDRED US DOLLARS (US $100), AS SET OUT IN SECTION 14.2(A) OF THE TERMS. NEXTGEN'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE BS CATCHER SERVICE AND THE REPORTS IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS (US $100) AND THE AMOUNT YOU PAID NEXTGEN FOR THE BS CATCHER SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AS SET OUT IN SECTION 14.2(B) OF THE TERMS. SECTIONS 14.1 AND 14.3 OF THE TERMS ALSO APPLY.

7.3 YOUR INDEMNITY UNDER SECTION 15 OF THE TERMS EXPRESSLY INCLUDES ALL CLAIMS BY ANY OF YOUR EMPLOYEES, CONTRACTORS OR FORMER EMPLOYEES OR CONTRACTORS, AND BY ANY GOVERNMENT AUTHORITY, ARISING OUT OF OR RELATING TO THE BS CATCHER SERVICE OR THE REPORTS, ANY CLIENT DATA YOU CONNECT OR GIVE US, YOUR INSTRUCTIONS TO US, YOUR MONITORING OF ANY PERSON, YOUR FAILURE TO GIVE ANY NOTICE OR OBTAIN ANY CONSENT REQUIRED BY SECTION 6.2, OR ANY DECISION YOU MAKE ABOUT ANY PERSON. AS STATED IN SECTION 15.2 OF THE TERMS, THIS INDEMNITY APPLIES EVEN IF THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY NEXTGEN PARTY, EXCEPT TO THE EXTENT OF A NEXTGEN PARTY'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD.

8. Contact

SDR BS · NextGen Sales Systems LLC
1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801, United States
ben@nextgensalessystems.com

Version history

VersionEffectiveSummary
2.230 October 2026New talk-time guarantee (3.7): 20% more time on the phone per rep in the 30 days after the first Report, against a 10-working-day baseline from the client's dialer, or a refund of everything paid to the end of that period. One guarantee or the other, not both. 2.7, 3.4 and 3.5 now name both guarantees.
2.129 October 2026Ben's answers of 28 Oct. The guarantee window runs from the first Report, and a refund needs the client to have given access within 5 business days and attended a review call. Refunds within 30 business days. New free live-data day (2.8). Acceptable-use exception, 30 days' notice and 30-day deletion confirmed. Free Day data deleted within 7 days. No use of Client Data, even de-identified, beyond the Service. Consumer-reporting-agency line removed until counsel confirms it.
2.0Not published (drafted 27 October 2026)Rewritten for the BS Catcher as a managed paid service. No code, prompts or method handed over; NextGen keeps all IP. New sections on fees, a 30-day money-back guarantee that overrides Terms 7.4 for this service, cancellation, and how we handle Client Data as the client's service provider. Sales call is now about 30 minutes. Liability follows Terms 14.2(B) for the paid service. Sections renumbered (new Section 3).
1.022 October 2026First version. Free sample report, free setup call and free code run by the client. Never published on sdrbs.com.

Terms of Service

NextGen Sales Systems LLC
Version 2.1 · Effective 29 October 2026

Please read these Terms carefully. Section 18 requires most disputes to be resolved by individual binding arbitration in Houston, Texas, and waives jury trials and class actions. You can opt out of arbitration within 30 days (Section 18.8).

1. The agreement

1.1 Who we are. These Terms of Service ("Terms") are an agreement between you and NextGen Sales Systems LLC, a Wyoming limited liability company ("NextGen", "we", "us" or "our").

1.2 What they cover. These Terms apply to nextgensalessystems.com, every brand website listed in Section 21 (together, the "Sites"), and everything we provide through them or in connection with them. That includes free resources and setups, sample reports, code and templates, calls and meetings, courses, our online community, and our communications with you (together, the "Services").

1.3 How you accept. You accept these Terms when you tick a box or click a button that says you agree, submit a form that links to them, book a call, download or receive any Free Materials (Section 6), join the community, or buy anything from us. If you do not agree, do not use the Services.

1.4 Business use only. The Services are for business use. By using them you confirm that you are at least 18 years old and are acting for a business, not for personal, family or household purposes.

1.5 Acting for a company. If you use the Services for a company or other organisation, you confirm that you have authority to bind it. "You" then means both you and that organisation.

1.6 Brand addenda. Some Sites run under their own brand name and have an addendum to these Terms (a "Brand Addendum"). A Brand Addendum forms part of these Terms for that brand.

1.7 Order of precedence. If documents conflict, this order applies: (a) a written agreement signed by you and NextGen, such as a statement of work or services agreement, for the services it covers; (b) the Brand Addendum, for that brand; (c) these Terms; (d) our Privacy Policy. Our Privacy Policy explains how we handle personal information and forms part of these Terms.

2. Changes to these Terms

2.1 We may update these Terms. We will post the new version on the Sites with a new version number and effective date. If a change is material, we will also give at least 30 days' notice by email or on the Sites before it takes effect.

2.2 A change applies only from its effective date. No change applies to a dispute, or to a claim that either of us knew about, before that date. Changes to Section 18 (Disputes) follow Section 18.10.

2.3 If you keep using the Services after a change takes effect, you accept the updated Terms. If you do not accept a change, stop using the Services. A change does not alter the price or scope of a paid service you have already bought, unless you agree.

3. Accounts and security

3.1 Some Services, such as the community or a course, need an account. Give accurate information and keep it up to date.

3.2 Keep your login details confidential. You are responsible for activity under your account. Tell us promptly if you think someone has used it without permission.

4. The Services

4.1 Free Services. We may offer free resources, setups, sample reports, calls and community access. We may change, limit or stop any free Service at any time.

4.2 Paid Services. Paid services are described on the order page, in a proposal or in a signed agreement. If you buy a paid service under a signed agreement, that agreement governs and these Terms fill any gaps.

4.3 No guaranteed results. Sales and marketing results depend on many things outside our control, including your market, offer, data, team and how you use our work. We do not promise any particular number of leads, meetings, sales, revenue, savings or other outcome. Case studies, examples and testimonials show what others achieved. They are not a prediction of your results. Sample reports are built from fictional data unless they say otherwise.

4.4 Not legal, tax or employment advice. Our Services are business and sales guidance. Nothing we provide is legal, tax, accounting, employment or financial advice. Get your own professional advice before relying on anything we provide for those purposes.

5. Your responsibilities

5.1 Legal compliance. You are responsible for complying with the laws that apply to your business and to how you use the Services and our materials. This includes privacy, data-protection, employee-monitoring, employment, anti-spam, telemarketing and text-messaging laws, in every country where you or your team work.

5.2 Your data. If you give us, show us or connect us to data, including data about other people, you confirm that you have the right to do so and have given any notices and obtained any consents the law requires.

5.3 Acceptable use. You must not:

6. Free Materials licence

6.1 What it covers. "Free Materials" means code, scripts, templates, prompts, AI instructions, audit methods, playbooks, worksheets and similar materials that we give you free of charge, whether by download, link, email, repository access or during a call.

6.2 Licence. Subject to these Terms, we grant you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free licence to use, copy and modify the Free Materials for your organisation's internal business purposes only.

6.3 People who may use them. Your employees and individual contractors may use the Free Materials for your internal purposes. You are responsible for their compliance with these Terms.

6.4 What you may not do. You may not sell, resell, rent, sublicense, publish, redistribute or offer the Free Materials, or anything substantially based on them, to anyone outside your organisation, including as part of a product or a service to your own clients, without our written consent. You may not remove our copyright or licence notices.

6.5 Your changes. You own the changes you make to the Free Materials, but not the underlying Free Materials. We do not need to provide updates, fixes or support.

6.6 Third-party components. Free Materials may include or rely on third-party software, AI models or services, such as an AI coding agent you choose. These are governed by their own licences and terms, which you must accept and follow yourself. We do not provide them and are not responsible for them.

6.7 Ending the licence. The licence ends automatically if you materially breach Section 6.4 or Section 5. When it ends, you must stop using and delete the Free Materials. Otherwise the licence continues indefinitely.

7. Purchases, payment and refunds

7.1 Prices. Prices are shown at checkout, on an order page or in a proposal. Prices are in US dollars and do not include taxes unless stated. You are responsible for applicable taxes other than taxes on our income.

7.2 Payment. You authorise us and our payment processor to charge your payment method for the amounts you agree to. If a payment fails, we may suspend the related Service until it is paid.

7.3 Retainers and subscriptions. Agency retainers are governed by the signed agreement or proposal for them. If you buy a subscription or other recurring product from us, it renews automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time by emailing ben@nextgensalessystems.com. Cancellation takes effect at the end of the current billing period, and we will tell you before any price increase takes effect.

7.4 Refunds. Courses and paid programs bought through the NextGen Sales Systems School come with a 30-day money-back guarantee: email ben@nextgensalessystems.com within 30 days of purchase for a full refund. All other fees are non-refundable, except as stated in a signed agreement or proposal, or in the Brand Addendum for that brand.

8. Communications and text messaging

8.1 Consent to contact. When you give us your business contact details through a Site, form, booking page or ad-platform lead form, you agree that we may contact you by email, phone (live calls) and LinkedIn about your request and about our Services. You can withdraw this consent at any time (Section 8.6).

8.2 Automated calls and texts. We send text messages, and use an artificial or prerecorded voice, only with your separate, express consent, such as by ticking a text-message opt-in box. Giving that consent is not a condition of buying anything.

8.3 Texting program. If you opt in to text messages from NextGen or one of our brands:

8.4 Quiet hours. We will not send marketing text messages, or make marketing calls, outside the hours allowed by law in your local time zone, which are at least 9 a.m. to 9 p.m. Monday to Saturday and noon to 9 p.m. on Sunday, or any narrower hours the law of your state requires.

8.5 Email. Our marketing emails include an unsubscribe link and our postal address.

8.6 Withdrawing consent. You can withdraw consent to any channel at any time by replying STOP to a text, using an unsubscribe link, telling us on a call, replying to a LinkedIn message, or emailing ben@nextgensalessystems.com. We will honour your request within the time the law requires, and no later than 10 business days. We may send one message confirming your opt-out.

8.7 Electronic notices. You agree that we may give you agreements, notices and other communications electronically, and that they satisfy any legal requirement that they be in writing.

9. Content you give us

9.1 You keep ownership. You keep ownership of content you post in the community, send us, or show us ("Your Content").

9.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, display and use Your Content as needed to provide and improve the Services and, for community posts, to show them to other members. This licence ends when Your Content is deleted, except for copies kept in backups for a limited time or as the law requires.

9.3 Feedback. If you give us suggestions or feedback about the Services, we may use it for any purpose without paying you or crediting you.

9.4 Testimonials. We will publish your name, company, likeness or a testimonial only with your permission. If you give us a testimonial, you confirm that it reflects your honest experience. You may ask us to stop using it in future materials.

9.5 Your responsibility. You are responsible for Your Content. You confirm that you have the right to share it and that it does not break the law or anyone else's rights.

9.6 Removal. We may remove or refuse any content at our discretion, but we have no duty to monitor content.

10. Community rules

10.1 Our community is for B2B founders and sales leaders to learn and share. Be respectful, keep posts relevant, and do not spam, sell aggressively, share other people's personal or confidential information, or post anything unlawful, hateful or harassing.

10.2 Community content is shared by members. We do not check or endorse it, and you rely on it at your own risk.

10.3 The community may run on a third-party platform, Skool. That platform's own terms also apply.

10.4 We may suspend or remove any member for breaking these rules.

11. Our intellectual property

11.1 The Sites, the Services and all content we provide, including text, designs, videos, courses, reports, code and the NextGen and brand names and logos, are owned by NextGen or our licensors and are protected by intellectual property laws.

11.2 Except for the Free Materials licence in Section 6 and access to a course you have bought, we give you only a limited, revocable right to view and use the Sites for your business purposes. You may not copy, sell, publish or create derivative works from our content without our written consent.

11.3 Courses. If you buy a course, you get a personal, non-transferable licence for the named user or the number of seats you bought to access and use it for your internal business purposes. You may not share logins or redistribute course content.

11.4 Linking. You may link to the Sites if the link does not suggest our endorsement. You may not frame our pages or present our content as your own.

12. Third-party services and RevyOps

12.1 Third-party services. The Services may link to or work with third-party websites, software, AI tools and platforms (for example, CRMs, scheduling tools, ad platforms, community platforms and AI agents). We do not control them and are not responsible for them. Your use of them is governed by their own terms.

12.2 RevyOps. RevyOps, LLC is a separate Texas company that shares a founder with NextGen. RevyOps is not a party to these Terms and has no obligations or liability under them. If you use any RevyOps product, RevyOps' own terms govern that use. A referral or introduction by NextGen to RevyOps is not a promise or recommendation by RevyOps, and NextGen does not act for RevyOps.

13. Disclaimers

13.1 THE SERVICES, THE SITES, THE FREE MATERIALS, SAMPLE REPORTS, AND ALL OTHER CONTENT AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTGEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

13.2 NEXTGEN DOES NOT WARRANT THAT THE SERVICES OR FREE MATERIALS WILL BE ERROR-FREE, SECURE, UNINTERRUPTED OR COMPATIBLE WITH YOUR SYSTEMS, THAT ANY OUTPUT (INCLUDING OUTPUT PRODUCED BY AN AI TOOL) WILL BE ACCURATE OR COMPLETE, OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT.

13.3 YOU ARE SOLELY RESPONSIBLE FOR HOW YOU USE THE SERVICES, THE FREE MATERIALS AND ANY OUTPUT, INCLUDING ANY DECISION YOU MAKE ABOUT YOUR EMPLOYEES, CONTRACTORS, CUSTOMERS OR BUSINESS.

13.4 Where a signed agreement gives an express warranty, that warranty applies to the services it covers.

14. Limitation of liability

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTGEN AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTGEN'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, TAKEN TOGETHER, WILL NOT EXCEED: (A) FOR FREE SERVICES AND FREE MATERIALS, ONE HUNDRED US DOLLARS (US $100); AND (B) FOR PAID SERVICES, THE GREATER OF ONE HUNDRED US DOLLARS (US $100) AND THE AMOUNT YOU PAID NEXTGEN FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14.3 THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND STATUTE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. A SIGNED AGREEMENT MAY SET A DIFFERENT LIMIT FOR THE SERVICES IT COVERS.

14.4 These limits are an essential part of the bargain. We would not provide the Services, and especially the free Services, without them.

15. Indemnity

15.1 YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS NEXTGEN AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND AGENTS (THE "NEXTGEN PARTIES") FROM AND AGAINST ALL THIRD-PARTY CLAIMS, AND ALL RELATED LOSSES, DAMAGES, FINES, PENALTIES, SETTLEMENTS, COSTS AND REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE SERVICES, THE FREE MATERIALS OR ANY OUTPUT; (B) ANY DECISION OR ACTION YOU TAKE ABOUT YOUR EMPLOYEES, CONTRACTORS OR OTHER PEOPLE USING THE SERVICES, FREE MATERIALS OR OUTPUT; (C) YOUR CONTENT OR ANY DATA YOU GIVE, SHOW OR CONNECT TO US; (D) YOUR BREACH OF THESE TERMS OR OF ANY LAW, INCLUDING PRIVACY, EMPLOYEE-MONITORING, EMPLOYMENT, ANTI-SPAM, TELEMARKETING AND TEXT-MESSAGING LAWS; AND (E) ANY CLAIM BY YOUR EMPLOYEES, CONTRACTORS, CUSTOMERS OR PROSPECTS.

15.2 THIS INDEMNITY APPLIES EVEN IF THE CLAIM, LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT OR COMPARATIVE), STRICT LIABILITY OR OTHER FAULT OF ANY NEXTGEN PARTY. IT DOES NOT APPLY TO THE EXTENT A CLAIM IS FINALLY DETERMINED TO HAVE BEEN CAUSED BY THE GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD OF A NEXTGEN PARTY.

15.3 We will tell you promptly about any claim, let you control the defence, and give reasonable help at your expense. You may not settle a claim in a way that admits fault by a NextGen Party or imposes any obligation on it without our written consent. We may take part in the defence with our own lawyers at our own expense.

16. Suspension and termination

16.1 You may stop using the Services at any time.

16.2 We may suspend or end your access to any Service, or close your account, at any time if you breach these Terms, if we must for legal or security reasons, or if we stop offering that Service. For paid Services, any refund follows Section 7.4, the Brand Addendum for that brand, or your signed agreement.

16.3 Sections 5, 6.4 to 6.7, 9.2 to 9.5, 11 to 15, and 17 to 20 survive the end of these Terms.

17. Confidential information you show us

If you show us non-public business information during a call, or give it to us for a Service, we will use it only to provide the Services to you and will not knowingly disclose it to anyone except our team and service providers who need it for that purpose, or as the law requires. This duty does not apply to information that is public, that we already had, that we receive from someone else without restriction, or that we develop independently. A signed agreement may contain fuller confidentiality terms, which then apply instead.

18. Disputes: informal resolution and arbitration

18.1 Talk to us first. Before starting arbitration or a court case, the party with the dispute must send the other a written notice describing it and the remedy sought. Notices to NextGen go to ben@nextgensalessystems.com and 1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801, United States. We will both try in good faith to resolve the dispute for 30 days after the notice is received.

18.2 Agreement to arbitrate. If the dispute is not resolved, any dispute, claim or controversy arising out of or relating to these Terms, the Services, the Free Materials or our communications with you, including any question about whether this Section 18 applies or is valid (a "Dispute"), will be resolved by final and binding arbitration, except as stated in Section 18.5.

18.3 Rules and place. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect when the arbitration is filed, before a single arbitrator. The seat and place of arbitration is Houston, Harris County, Texas. Hearings may take place by video if the arbitrator agrees. The arbitrator may award any remedy a court could award on an individual basis, and must apply Wyoming law and these Terms. Judgment on the award may be entered in any court with jurisdiction.

18.4 Governing arbitration law. These Terms involve interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 and following) governs this Section 18.

18.5 Exceptions. Either of us may (a) bring an individual claim in a small claims court with jurisdiction, if it qualifies; or (b) ask a court for a temporary or preliminary injunction to protect intellectual property or confidential information, or to stop misuse of the Services, while an arbitration is pending.

18.6 CLASS ACTION AND JURY WAIVER. YOU AND NEXTGEN EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PEOPLE OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NEXTGEN EACH WAIVE ANY RIGHT TO A JURY TRIAL. If this class waiver is found unenforceable for a particular claim, that claim (and only that claim) will be heard in court under Section 18.9, not in arbitration.

18.7 Fees. AAA fees are paid as its rules provide. The arbitrator may award reasonable attorneys' fees and costs to the prevailing party.

18.8 30-day opt-out. You may opt out of this Section 18 by emailing ben@nextgensalessystems.com, with the subject "Arbitration opt-out", within 30 days after you first accept these Terms. Include your name, company and the email address you use with us. Opting out does not affect any other part of these Terms.

18.9 Courts. Any Dispute not subject to arbitration will be brought only in the state or federal courts located in Harris County, Texas, and both of us consent to their jurisdiction and venue.

18.10 Changes to this section. If we change this Section 18, the change will not apply to any Dispute that arose, or any notice under Section 18.1 that was sent, before the change takes effect. If we remove this Section 18, the arbitration agreement in effect when you accepted these Terms continues to apply to Disputes that arose before the removal.

18.11 Time limit. Any Dispute must be brought within two years after it arises, or it is permanently barred, to the extent permitted by law.

19. Governing law

These Terms, and any Dispute, are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules, and by applicable US federal law.

20. General

20.1 Entire agreement. These Terms, any Brand Addendum, the Privacy Policy and any signed agreement are the entire agreement between us about their subject, and replace any earlier terms on the Sites for matters arising after the effective date above.

20.2 Assignment. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, reorganisation or sale of all or part of our business.

20.3 Independent parties. We are independent contractors. These Terms do not create a partnership, joint venture, agency or employment relationship.

20.4 No third-party beneficiaries. Only you and NextGen (and, for Sections 14 and 15, the NextGen Parties) have rights under these Terms.

20.5 Notices. We may send notices to the email address you gave us. You must send notices to the addresses in Section 22.

20.6 Events beyond our control. We are not liable for delays or failures caused by events beyond our reasonable control, such as outages of third-party platforms, internet failures, natural disasters or government action.

20.7 Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.

20.8 No waiver. Not enforcing a part of these Terms is not a waiver of it.

20.9 Headings. Headings are for convenience only. "Including" means "including without limitation".

21. Brand Sites covered by these Terms

BrandWebsiteBrand Addendum
NextGen Sales Systemsnextgensalessystems.comNone
SDR BSsdrbs.comSDR BS Brand Addendum (sdrbs.com/terms)

22. Contact

NextGen Sales Systems LLC
1309 Coffeen Avenue, STE 1200
Sheridan, WY 82801
United States
Email: ben@nextgensalessystems.com

Version history

VersionEffectiveSummary of changes
2.129 October 2026Sections 7.4 and 16.2: a Brand Addendum can set its own refund terms, such as the SDR BS money-back guarantee. Nothing else changed.
2.022 October 2026Full rewrite. Covers all brand Sites. Business-use licence for Free Materials. Communications and text-messaging terms. Conspicuous disclaimers, a capped limitation of liability and an express-negligence indemnity. AAA arbitration seated in Houston with a class waiver and a 30-day opt-out. Changes apply only going forward.
1.0March 2024First version.