Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the NxtLevel NIL platform, including the website at nxtlevelnil.com, related applications, and any services we make available (collectively, the "Platform"). The Platform is operated by NxtLevel NIL Inc. ("NxtLevel," "we," "us," or "our"), a Colorado corporation.

By creating an account, booking a session, listing yourself as an athlete, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

You must be at least eighteen (18) years old to create an account on the Platform, with one exception: athletes who are at least eighteen (18) years old may register as service providers; parents or legal guardians of children under eighteen (18) may register on behalf of their minor child to book coaching sessions.

All bookings for participants under the age of eighteen (18) must be made by a parent or legal guardian, who must complete the Parental Consent and Waiver before any session can be confirmed. By booking a session for a minor, you represent and warrant that you are the parent or legal guardian of the participant and have full authority to consent on their behalf.

Athletes must create an account to be listed on the Platform. To be approved for public listing, an athlete must verify their identity, confirm current Division-I collegiate enrollment OR an active professional athletic contract, complete SafeSport certification and an independent background check, and file an IRS Form W-9 (for U.S.-based athletes). These safety and eligibility checks are conditions of approval; the platform is completing them for athletes during the pilot.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

We reserve the right to suspend or terminate any account, with or without notice, for violations of these Terms, our Code of Conduct, or applicable law.

The Platform facilitates bookings between parents ("Customers") and verified collegiate or professional athletes ("Athletes") for private and small-group coaching sessions. NxtLevel is not a party to any session itself; we provide the marketplace, payment processing, scheduling, verification, and trust infrastructure.

Sessions are subject to athlete availability, weather, facility access, and other reasonable conditions. NxtLevel makes no guarantee of session outcomes, athletic improvement, or any specific result.

Both Customers and Athletes are responsible for arriving at the agreed location at the scheduled time. Failure to arrive within fifteen (15) minutes of the scheduled start may, at the Athlete's discretion, result in a forfeited session.

Each Athlete sets their own session rates, which are displayed on their profile. Typical pricing is around $90 USD per private one-hour session and $45 USD per participant for a small-group session, and may vary by Athlete.

Payments are processed through Stripe. NxtLevel charges a platform fee of fifteen percent (15%) of the session price. The remaining eighty-five percent (85%) is paid to the Athlete via Stripe Connect, typically within two business days of session completion.

Cancellation policy:

(a) Cancellations made twenty-four (24) hours or more before the scheduled session: full refund.

(b) Cancellations made less than twenty-four (24) hours before the scheduled session: non-refundable, as the Athlete has reserved that time. The Athlete may, at their discretion, offer a courtesy reschedule (for example, in the case of illness or a family emergency).

(c) No-shows: no refund.

(d) Cancellations initiated by the Athlete (illness, injury, scheduling conflict): full refund or rebooking with the same athlete, at the Customer's choice.

Refunds are processed via Stripe and typically appear on the original payment method within five (5) to ten (10) business days.

By providing your mobile phone number to NxtLevel (whether as a parent during booking, as an athlete during onboarding, or by updating your account), you expressly consent to receive SMS text messages from NxtLevel NIL Inc. related to your account, bookings, and the Services.

Types of messages you may receive include: booking-confirmation receipts, schedule-change and reschedule notifications, 24-hour and 2-hour session reminders, athlete payout confirmations (for athletes), and account-setup prompts (for athletes who have not completed Stripe Connect onboarding). NxtLevel does not send marketing or promotional SMS without separate opt-in.

Message frequency varies based on your booking activity. Message and data rates may apply, charged by your mobile carrier — NxtLevel is not responsible for charges imposed by your carrier.

You may opt out of SMS messages at any time by replying STOP to any text from us. Once we receive your STOP, we will stop sending SMS within one (1) business day. Reply HELP to any text to receive support contact information, or email support@nxtlevelnil.com.

NxtLevel does not share, sell, or rent your mobile phone number to third parties for marketing. We share your number only with the service providers strictly necessary to deliver the SMS (currently Twilio) and only for that operational purpose.

If you provide a phone number that belongs to someone else (for example, when registering on behalf of a minor child), you represent that you have authority to consent to SMS on their behalf. Carrier service or coverage limitations may prevent message delivery; NxtLevel is not liable for undelivered messages caused by carrier issues.

Athletes acknowledge and agree that all coaching services provided through the Platform are subject to applicable NCAA rules, institutional policies of their member school, state name-image-likeness (NIL) law (including but not limited to Colorado HB 22-1295), and federal law including the Internal Revenue Code.

Athletes are responsible for reporting qualifying NIL deals to NIL Go — the College Sports Commission's clearinghouse, operated by Deloitte — where applicable, and for compliance with the $600 disclosure threshold (cumulative per counterparty per calendar year) and any other disclosure obligations under their school's NIL policy.

Athletes agree to maintain SafeSport certification, current background check clearance, and any other required credentials throughout their time on the Platform. Lapsed credentials will result in temporary suspension of the athlete's profile.

Athletes grant NxtLevel a non-exclusive, royalty-free license to use their name, image, likeness, biographical information, and approved photos for the purpose of operating the Platform, including marketing of the athlete's coaching services. Athletes retain all other rights to their NIL.

All Customers, Athletes, and participants agree to abide by the NxtLevel Code of Conduct, available at nxtlevelnil.com/code-of-conduct. Violations may result in immediate suspension or termination of your account.

Reports of misconduct may be made directly to the founder at safety@nxtlevelnil.com or via the reporting form on the Trust & Safety page. We investigate every report.

The Platform, including all content, software, design, trademarks, and trade dress, is owned by NxtLevel NIL Inc. or its licensors and is protected by U.S. and international intellectual property laws.

You may not copy, modify, distribute, sell, or lease any portion of the Platform without our prior written consent.

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, NxtLevel disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any specific session, athlete, or outcome will meet your expectations.

To the fullest extent permitted by law, NxtLevel NIL Inc., its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Platform or any session booked through it.

In no event shall NxtLevel's aggregate liability exceed the greater of (a) the total amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless NxtLevel NIL Inc., its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) any content you submit to the Platform.

Any dispute arising out of or related to these Terms or your use of the Platform shall be resolved through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, except that you may bring an individual action in small-claims court if eligible.

You and NxtLevel each waive the right to a trial by jury and the right to participate in any class, collective, or representative action.

The arbitration shall take place in Boulder County, Colorado, unless we agree otherwise in writing.

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Boulder County, Colorado.

We may update these Terms from time to time. Material changes will be communicated by email or through a notice on the Platform at least thirty (30) days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms can be sent to legal@nxtlevelnil.com. For questions specific to SMS messages or opt-out, use support@nxtlevelnil.com. Postal mail can be addressed to:

NxtLevel NIL Inc.

Boulder, Colorado

See also our Privacy Policy for how we collect, use, and protect your information.