Terms of Service

    Version 2026-06-15

    Welcome to Next Day Sales, operated by Four49 Media LLC. By accessing or using the Service you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

    1. Description of Service

    • Interactive pricing tables and proposal builder.
    • Lead capture, CRM, and pipeline management.
    • Embeddable widgets for external websites.
    • AI-powered content generation.
    • Reseller marketplace.
    • Free sales tools.

    2. Accounts

    You must provide accurate information and keep credentials secure. You are responsible for all activity under your account. We may suspend or terminate accounts that violate these Terms.

    3. Subscriptions & Billing

    • Payments processed by Stripe; charges appear as Four49 Media.
    • Annual billing is charged upfront at ~20% discount; prorated for upgrades; downgrades take effect at period end.
    • Monthly billing renews automatically; cancel any time.
    • Refunds: annual plans prorated within first 30 days; monthly subscriptions non-refundable.
    • Price changes require 30 days' notice.

    4. Acceptable use

    You agree not to:

    • Violate applicable laws.
    • Upload malicious, deceptive, or unlawful content.
    • Reverse-engineer, scrape, or stress-test the Service.
    • Resell access to the platform itself.
    • Impersonate others or misrepresent affiliation.

    5. Prohibited data

    You may not upload, transmit, or process the following categories of data through the Service:

    • Protected Health Information (PHI) or any data subject to HIPAA, HITECH, or equivalent health-data regulations. Next Day Sales is not a HIPAA Business Associate and does not sign BAAs.
    • Payment card data (PAN, CVV) outside of Stripe-managed flows.
    • Government-issued identifiers (SSN, passport, driver license numbers) except where strictly necessary and lawful.
    • Children's data (under 16) without verifiable parental consent.
    • Biometric identifiers, precise geolocation, or other sensitive categories unless we agree in writing.

    Violation entitles us to suspend or terminate your account and delete the offending data without notice.

    5a. Healthcare & healthcare-adjacent businesses

    The Service may be used by healthcare-adjacent businesses (e.g. dental, optometry, chiropractic, wellness, fitness, mental-health practices) only for general marketing purposes — listing services, pricing, hours, locations, insurance accepted, and answering general FAQs. If you operate such a business, you specifically agree that you will:

    • Not configure AI search, lead forms, calculators, booking, or any other surface to solicit, elicit, or store personal health information, symptoms, diagnoses, treatment history, prescriptions, dates of birth tied to health context, or any other PHI.
    • Instruct visitors, in your intake copy and form labels, not to submit personal health details and to contact your office directly for anything personal or clinical.
    • Treat the Service as a public-marketing channel equivalent to your public website — not as a patient portal, EHR, scheduling system of record, or any system that touches a doctor-patient relationship.

    Our AI surfaces include an automated guardrail that refuses to engage with apparent PHI and redirects the visitor to call your office. That guardrail is a defense-in-depth measure, not a substitute for the obligations above. You remain solely responsible for any PHI that enters the Service as a result of your configuration or your visitors' submissions, and you agree to indemnify Next Day Sales for any HIPAA-related claims arising from such use.

    6. Data processing & security obligations

    Where you (the customer) collect personal data from end users through the Service — for example via lead forms, embedded Reps, or AI chat — you act as the data controller for that data and we act as processor. Our processing obligations are governed by the Data Processing Agreement, which is incorporated by reference. Our sub-processors are listed at /legal/subprocessors; we provide 30 days' notice before adding or changing material sub-processors.

    We commit to a 72-hour breach notification SLA to affected controllers and apply industry-standard technical and organisational measures (see DPA, Annex II).

    7. Content & intellectual property

    You retain ownership of all content you create. You grant us a limited license to host, display, and distribute it as required to operate the Service. Platform code, design, branding, and AI templates remain our property or our licensors'.

    8. Reseller marketplace

    If you participate in the reseller marketplace, you agree to accurately represent products and pricing, honor markup terms, and avoid deceptive practices. We are not a party to creator–reseller transactions.

    8a. Agencies managing client sites

    If you use the Service to manage workspaces, sites, proposals, or leads on behalf of an end client (an "Agency Use Case"), you specifically represent and warrant that, prior to adding that client's domain, content, or end-user data to a workspace, you have:

    • Written authority from the end client to process their data and to act on their behalf;
    • A data processing agreement (or equivalent) in place with that end client that permits the processing performed through the Service, including allowing Next Day Sales as a sub-processor;
    • Disclosed Next Day Sales to the end client as a sub-processor (you may reference our DPA and sub-processor list).

    When you operate under an Agency Use Case, you act as a controller (or processor) of the end client's data, and Next Day Sales acts as your sub-processor. You agree to indemnify and hold Next Day Sales harmless from any claim by an end client (or their data subjects) arising from your failure to obtain the authority or agreements described above.

    9. Referral program

    Referral credits are applied at our discretion and may be modified or discontinued. Abuse (self-referrals, fraudulent signups) forfeits credits and may result in termination.

    10. Third-party integrations

    The Service integrates with third parties (Stripe, email providers, AI models). We are not responsible for their practices or content. See /legal/subprocessors.

    11. Disclaimer of warranties

    The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted access or that AI-generated content will be accurate.

    12. Limitation of liability

    To the maximum extent permitted by law, our total liability shall not exceed the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

    13. Termination

    You may close your account at any time from Settings → Privacy → Delete account. Upon termination, your data is purged according to the retention schedule in our Privacy Policy.

    14. Governing law

    These Terms are governed by the laws of the State of Delaware, United States, without regard to conflicts-of-law rules.

    15. Changes

    We may update these Terms. Material changes will be communicated by email or in-app prompt and require renewed acceptance to continue using the Service.

    16. Contact

    Four49 Media LLC — support@nextdaysales.com · privacy@nextdaysales.com