Effective: April 30, 2026
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These Terms of Service ("Terms") are a legal agreement between you ("you", "user") and NextUp ("NextUp", "we", "us", "our"). By creating an account, downloading the app, visiting the website, or otherwise using NextUp, you agree to these Terms in full. If you do not agree, do not use NextUp.
READ SECTIONS 13 AND 14 CAREFULLY. They contain a mandatory arbitration clause and a class-action waiver that affect your legal rights. By using NextUp, you waive your right to a jury trial and to participate in class actions, except as expressly provided.
NextUp is a two-sided marketplace that connects customers who need local services with independent providers who offer them. We are not a party to any service contract between a customer and a provider. We do not employ providers, do not control how, when, or where they perform work, do not set their prices, do not supervise their conduct, and do not guarantee any aspect of any service. Providers are independent contractors operating their own businesses.
NextUp is a platform, not a service provider. We do not perform services, dispatch workers, certify quality, or stand behind any individual provider. Our role is limited to operating the technology that lets customers and providers find each other.
You must be at least 18 years of age and capable of entering a binding legal contract to create an account. By using NextUp, you represent and warrant that (a) you are 18 or older, (b) all information you provide is accurate and current, (c) you will keep your account information up to date, and (d) your use of NextUp will not violate any applicable law.
NextUp is not intended for, and we do not knowingly collect information from, anyone under 18. If we learn that an account belongs to a minor, we will terminate it.
You are responsible for safeguarding your password and for any activity on your account. Notify us immediately at privacy@nextupservices.com if you suspect unauthorized use. You may delete your account at any time from the Profile screen.
If you register as a "business" entity (rather than a sole-proprietor individual), you represent that you are authorized to bind that business and that the business is properly registered and in good standing with the appropriate state authority. Important: ID verification and background-check verification on a business or agency account verify the registered account-holder ONLY. They do not extend to employees, sub-contractors, dispatched workers, or any other person performing the actual service. The business is fully responsible for its own hiring practices, employee screening, training, supervision, insurance, and compliance with all applicable employment, licensing, and child-protection laws. You agree to indemnify NextUp for any harm caused by any worker you dispatch, regardless of whether that worker has a separate NextUp account.
You may not use NextUp to offer, request, facilitate, or promote anything illegal, sexually explicit, hateful, harassing, fraudulent, or that violates Apple's App Store policies or Google Play's policies. Specifically prohibited:
Violation may result in immediate suspension or termination of your account, forfeiture of subscription fees, and referral to law enforcement where appropriate.
NextUp is provided "as is" and "as available" without warranties of any kind, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, security, or availability. We do not guarantee that any broadcast will receive responses, that any provider will accept, show up, perform satisfactorily, or be qualified for the work; that any service will meet your expectations or be performed safely or lawfully; that the platform will be uninterrupted, error-free, or free of vulnerabilities; or that any user information is accurate or current.
We are not responsible for the quality, safety, legality, fitness, timeliness, completeness, licensure, insurance, criminal history, or any other aspect of any service offered or performed by any provider. Providers are independent contractors, not NextUp employees. NextUp does not perform services, supervise providers, set prices, control how providers deliver work, or stand behind any provider's representations.
NextUp may display verification badges. These badges mean the following, and nothing more:
Verification is a signal, not a guarantee. NextUp does not endorse, certify, vouch for, recommend, or take responsibility for any provider or customer based on verification status. You must use your own judgment when choosing to engage with anyone on the platform — read reviews, check references, verify any claimed professional license directly with the issuing authority, meet in a public place before a first booking when feasible, and trust your instincts. NextUp is not liable for any harm, loss, injury, theft, fraud, abuse, harassment, or any other negative outcome arising from your interactions with verified or unverified users.
Some categories appear in the app marked "Coming Soon" and are not currently bookable. Currently in this state: childcare and family services, senior and elder care, and drive and transport. Within the otherwise-live home-repair category, the following sub-services are also Coming Soon: plumbing, electrical, HVAC, and roofing. Within the otherwise-live automotive category, mobile mechanic services are Coming Soon. We have intentionally chosen not to open these to bookings until our full safety, license-verification, insurance, and operations program is in place. We make no representation or promise about when, or whether, any Coming Soon category or sub-service will open. Until a category opens, no contract for that service can be formed through NextUp; any attempt to book or accept work in a Coming Soon category is a violation of these Terms and is rejected at our servers.
The Errands & Pickup category covers low-risk courier services such as picking up packages from carriers, dropping off returns at retail stores, and small-item courier delivery within a city. By using NextUp for this category, you acknowledge:
Certain categories that ARE currently bookable involve elevated risk — physical contact, in-home access, regulated services, or property handling. These include but are not limited to: massage and bodywork (within Spa & Wellness), specialty wellness services (Therapeutic Touch, Personal Companion, Couples Bodywork), pet sitting and boarding (where the provider has access to your home or pets), moving and packing, catering and bar service, microblading and lash extensions, and brazilian waxing. By booking in any of these categories, you acknowledge:
To the fullest extent permitted by applicable law:
You agree to defend, indemnify, and hold harmless NextUp, its officers, directors, employees, contractors, agents, successors, and assigns from any and all claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of, or inability to use, NextUp; (b) any service you provide, request, receive, or attempt to provide or receive; (c) your breach of these Terms; (d) your violation of any law or third-party right; (e) any harm caused to or by you or, in the case of a business or agency account, by any person you dispatch; or (f) any content you post or transmit on or through NextUp.
NextUp is not liable for any failure or delay in performance caused by events beyond our reasonable control, including without limitation acts of God, natural disasters (hurricane, flood, earthquake, wildfire), pandemics or public-health emergencies, war, terrorism, civil unrest, government action, internet or utility outages, third-party vendor failures (including Stripe, Persona, Render, Google, Apple, or any cloud or telecom provider), labor disputes, cyberattacks, or other force-majeure events.
We may suspend or terminate your account at any time, with or without notice, with or without cause, in our sole discretion — including but not limited to violations of these Terms, suspected fraud, charge-back disputes, threats to platform integrity, or business decisions. Termination is final. Subscription fees previously paid are non-refundable. You may stop using NextUp at any time by deleting your account. Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, arbitration, class-action waiver, choice of law and venue, and these survival provisions) survive termination of these Terms or your account.
We may modify these Terms from time to time. Material changes will be announced in the app or by email. Continued use after the announced effective date means you accept the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using NextUp and delete your account.
Questions about these Terms or your account: privacy@nextupservices.com.
NextUp is an interactive computer service provider as defined in 47 U.S.C. § 230. We do not author, develop, edit, or substantively modify content posted by users (including reviews, ratings, messages, broadcast descriptions, profile information, photos, or any other user-generated content). We host third-party content as provided by users.
You acknowledge and agree that NextUp is not liable for any user-generated content, including content that is inaccurate, defamatory, obscene, threatening, harassing, fraudulent, or otherwise unlawful. Your sole remedy for objectionable user-generated content is against the user who posted it, not against NextUp. We may, but are not obligated to, remove user content that violates these Terms; any decision to remove or not remove content is made in good faith and does not waive Section 230 immunity. If you believe content posted on NextUp defames you or violates your legal rights, contact privacy@nextupservices.com with documentation.
READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Except as expressly excepted below, any and all disputes, claims, or controversies between you and NextUp arising out of or related to these Terms, the privacy policy, your use of NextUp, any service or interaction occurring through NextUp, or the relationship between you and NextUp (collectively, "Disputes") shall be resolved exclusively by final and binding individual arbitration, not in court. The arbitration shall be administered by JAMS in Houston, Texas under JAMS' Streamlined Arbitration Rules (or, if JAMS declines, by the American Arbitration Association under its Consumer Arbitration Rules). The arbitrator's decision is final and binding, subject only to the limited grounds for vacatur under the Federal Arbitration Act.
Disputes covered by this clause include without limitation: contract claims; tort claims (including negligence, gross negligence, negligent screening, negligent hiring, fraud, defamation, intentional and negligent infliction of emotional distress); statutory claims (including consumer-protection, deceptive-practices, civil-rights, and privacy claims); and claims against past, present, or future officers, directors, employees, contractors, agents, parents, subsidiaries, affiliates, or successors of NextUp.
You and NextUp waive any right to a jury trial on any Dispute that proceeds in any forum.
Exceptions. The following matters are not subject to mandatory arbitration: (a) small-claims-court actions for individual claims within that court's jurisdictional limits; (b) injunctive or equitable relief sought to prevent or enjoin actual or threatened infringement, misappropriation, or violation of intellectual property rights, security, or confidentiality; and (c) any matter that applicable law prohibits from being arbitrated.
30-day opt-out. You may opt out of this arbitration agreement by sending a written notice to privacy@nextupservices.com with the subject "Arbitration Opt-Out" within 30 days of first creating your account. The notice must state your full name, the email tied to your account, and an unambiguous statement that you opt out of arbitration. Opting out has no other effect on these Terms.
You and NextUp agree that any Dispute will be resolved on an individual basis only. Neither you nor NextUp may bring or participate in any class action, collective action, mass action, consolidated action, private-attorney-general action, or representative proceeding against the other. The arbitrator may not consolidate the claims of multiple parties or preside over any form of class or representative proceeding. You waive any right to participate as a class representative or class member in any class proceeding against NextUp. If a court or arbitrator determines that this class-action waiver is unenforceable as to any particular claim, that claim (and only that claim) shall proceed in court, and the remainder of the arbitration agreement shall remain in full force.
These Terms, the privacy policy, and any Dispute arising out of or related to NextUp are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflicts-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 13.
Subject to Section 13, the exclusive venue for any Dispute that may be brought in court (including small-claims actions, applications to compel or vacate arbitration, and the equitable-relief and intellectual-property exceptions in Section 13) is the state and federal courts located in Harris County, Houston, Texas. You consent to the personal jurisdiction of those courts and waive any objection based on forum non conveniens or improper venue.
NextUp does not guarantee that any provider will appear, perform, communicate, or otherwise meet expectations. Providers are independent contractors who may cancel, postpone, or no-show at any time for any reason. Customers may likewise cancel before or after a provider arrives. If a provider does not appear or perform, your sole remedy is to contact the provider directly, leave an honest review, and rebook with a different provider. NextUp is not liable for any damages arising from a no-show, including lost wages, time off work, preparation costs, opportunity cost, emotional distress, or any other damages.
Payments between customers and providers are made directly, outside of NextUp. NextUp does not handle, collect, escrow, mediate, or guarantee payment between any customer and any provider. Disputes over payment, refunds, scope, quality, or non-payment are solely between the customer and the provider; NextUp will not act as mediator, judge, escrow agent, or collector. Charge-backs initiated against a provider's separate payment processor are between the customer, the bank, and the provider — NextUp has no role.
If you obtained the NextUp app from Apple's App Store or Google Play, you acknowledge that this Agreement is between you and NextUp only — Apple Inc. and Google LLC are not parties to this Agreement and have no obligation to provide any maintenance, support, refunds, warranty, or services in connection with NextUp. Apple and Google are not responsible for the conduct of any provider, the quality of any service, or any harm arising from your use of NextUp. The licensors of the underlying iOS and Android operating systems are third-party beneficiaries of this Agreement to the extent required by their respective developer-distribution terms, and they may enforce these Terms against you. Your use of the app is also governed by the standard end-user license agreements published by Apple (for iOS) or Google (for Android), as applicable.
If any provision of these Terms is held unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall continue in full force. These Terms (together with the Privacy Policy) constitute the entire agreement between you and NextUp regarding NextUp and supersede any prior agreements. Failure by NextUp to enforce any provision is not a waiver of that provision.