Terms of Service

You must be at least 18 years old and able to form a binding contract to use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

We may modify these Terms at any time. The "last updated" date reflects the most recent version. Changes take effect when posted, and your continued use of the Site after that constitutes acceptance. If a change is material, we will make reasonable efforts to highlight it on this page.

These Terms govern your use of the Site only. Our professional services — software development, staff augmentation, AI, cloud, QA, and data engineering engagements — are governed exclusively by a separately executed master services agreement ("MSA"), statement of work ("SOW"), order form, and any data processing addendum.

If these Terms conflict with a signed MSA or SOW, that signed agreement controls with respect to the services it covers. Nothing on the Site — including pricing pages, packages, estimators, benchmarks, or proposals-in-progress — constitutes an offer capable of acceptance or creates any obligation to provide services. No contract for services is formed until both parties sign a written agreement.

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Scrape, crawl, harvest, or use automated means to extract content, data, or contact information from the Site except by a well-behaved search engine crawler obeying our robots.txt.
• Copy, republish, resell, or create derivative works from Site content for commercial purposes without our written permission.
• Reverse engineer, decompile, or attempt to derive the source of any tool, calculator, or component we make available.
• Probe, scan, or test the vulnerability of the Site or any related system, or attempt to breach security or authentication measures, without our prior written authorization.
• Introduce malware, launch a denial-of-service attack, or otherwise interfere with the availability or integrity of the Site.
• Submit false, misleading, defamatory, infringing, or confidential third-party information through our forms.
• Impersonate any person or misrepresent your affiliation with any person or entity.

We may suspend or block access to the Site at any time, without notice, for conduct we reasonably believe violates these Terms or harms us or other users.

If you believe you have found a security vulnerability affecting the Site, email admin@nextgencodingcompany.com with a description and reproduction steps. Please give us a reasonable opportunity to remediate before public disclosure, and do not access, modify, or exfiltrate data that is not yours. We will not pursue legal action against good-faith research that follows this process. See our security page for our broader posture.

The Site and its content — including text, articles, research, case studies, benchmarks, graphics, logos, code, tools, and the selection and arrangement of that content — are owned by NextGen Coding Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal business evaluation purposes. You may quote short excerpts of our published research with clear attribution and a link to the source page. All other rights are reserved.

"NextGen Coding Company," our logo, and our marks are our trademarks. Third-party names, logos, and marks appearing on the Site — including client and partner logos — are the property of their respective owners and are used to identify those organizations. Their appearance does not imply endorsement of these Terms.

Client work product. Ownership and assignment of deliverables, source code, and derived intellectual property created during an engagement is governed solely by the applicable MSA and SOW, not by these Terms.

Feedback. If you send us suggestions or feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

Our calculators, estimators, benchmarks, glossary entries, research, and blog posts are provided for general informational purposes only. Outputs are estimates based on the inputs and assumptions you provide and on our general market observations. They are not a quote, a binding price, a guarantee of results, or legal, financial, tax, security, or compliance advice. Do not rely on them as a substitute for professional advice or for a scoped engagement. You are solely responsible for any decision you make based on them.

The Site links to and embeds third-party websites and services, including scheduling tools, analytics providers, and vendor documentation. We do not control and are not responsible for their content, availability, terms, or privacy practices. Your use of a third-party service is governed by that provider's own terms.

THE SITE AND ALL CONTENT, TOOLS, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT OR CALCULATED OUTPUT IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTGEN CODING COMPANY AND ITS OFFICERS, DIRECTORS, 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, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, AND IT DOES NOT APPLY TO LIABILITY UNDER A SIGNED MSA OR SOW, WHICH CONTAINS ITS OWN LIABILITY TERMS.

You agree to defend, indemnify, and hold harmless NextGen Coding Company and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, your violation of any law, or your infringement of any third-party right.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

Informal resolution first. Before filing a claim, you agree to contact us at admin@nextgencodingcompany.com with a written description of the dispute and the relief you seek. The parties will attempt in good faith to resolve the dispute for 30 days before commencing arbitration.

Arbitration. Any dispute arising out of or relating to these Terms or the Site that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Wake County, North Carolina, or by videoconference at your election. The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Disputes will be arbitrated only on an individual basis. You and NextGen Coding Company each waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information.

Opt-out. You may opt out of this arbitration agreement by emailing admin@nextgencodingcompany.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

These Terms and any dispute arising from them are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. Subject to the arbitration section above, you and NextGen Coding Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Wake County, North Carolina.

We may suspend or terminate your access to the Site at any time and for any reason. Sections concerning intellectual property, disclaimers, limitation of liability, indemnification, arbitration, and governing law survive termination.

We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, governmental action, internet or utility failure, or third-party service outages.

• Severability — if any provision is held unenforceable, the remaining provisions stay in full effect.
• No waiver — our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment — you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Entire agreement — these Terms and the Privacy Policy are the entire agreement between you and us regarding the Site, superseding any prior understandings about the Site.
• No third-party beneficiaries — these Terms create no rights in any third party.
• Independent parties — nothing here creates a partnership, joint venture, agency, or employment relationship.

Questions about these Terms:

Next Gen Coding Company, Inc.
150 Wrenn Dr, PO Box 187, Cary, NC 27513, USA
admin@nextgencodingcompany.com
(919) 342-7602

See also our Privacy Policy and security and compliance page.