TAKE NEXT - TERMS OF SERVICE Last Updated: November 19, 2025 Entity: TakeNext Inc, a Texas corporation ("TakeNext," "we," "us," "our"). These Terms of Service (“Terms”) form a legally binding agreement between you (“Client,” “you,” “your”) and TakeNext governing your access to and use of our websites, software, applications, AI systems, messaging tools, call tools, analytics, dashboards, and all related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services. If you are using the Services on behalf of a dealership, company, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “Client” refers to that entity.
1. Definitions
“Client” – The dealership, business, or entity entering into this Agreement. “Authorized User” – Any employee, contractor, or person granted access by Client. “Customer” or “End User” – Any individual who interacts with Client via the Services (SMS, calls, chat, AI interactions, etc.). “Client Content” – All data uploaded or transmitted via the Services, including call audio, transcripts, SMS/MMS, photos, contact lists, inventory, notes, chat logs, and AI interactions. “Telephony Services” – All calling, routing, dialing, recording, transcription, and messaging features. “Order Form” – Any online checkout, subscription page, or contract with TakeNext. “Documentation” – Policies, support articles, guides, and onboarding materials.
2. The Services
TakeNext provides an AI-native CRM and communication platform that may include:
Call handling, recording, and AI transcription
AI analysis, summaries, intent detection, and recommendations
Two-way SMS/MMS messaging and media handling
AI-driven responses and automation
Dialer and telephony integrations
Inventory ingestion and pricing data
Customer, lead, and deal management
Reporting, dashboards, and analytics
Third-party and ChatGPT App Store integrations
Web and mobile applications
TakeNext may modify or discontinue features of the Services at any time, with or without notice, provided that such changes do not materially deprive Client of the core functionality of the Services during any paid subscription term.
3. Eligibility & Account Responsibility
Client is responsible for:
Ensuring Authorized Users are at least 18
Supervising Authorized Users
All actions taken under Client accounts
Keeping login credentials secure and confidential
TakeNext is not responsible for unauthorized access or usage resulting from Client’s failure to safeguard accounts, devices, or credentials.
4. License to Use the Services
TakeNext grants Client a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for Client’s internal business purposes during the term of the applicable Order Form. Client may not:
Reverse-engineer, decompile, or attempt to derive source code from the Services
Resell, rent, lease, or sublicense the Services to third parties
Copy, modify, or create derivative works of the Services or Documentation
Use the Services to train or develop competing AI models or products
Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems
5. Third-Party Services & Integrations
The Services may integrate or interoperate with third-party services, including but not limited to:
Carriers
Dialers
Messaging gateways
DMS/CRM systems
Data providers
ChatGPT App Store modules
Telephony platforms
TakeNext is not responsible for:
Third-party uptime or service availability
Accuracy or completeness of third-party data
Compliance of third-party services with applicable laws
Performance or behavior of third-party tools
Network issues, filtering, or blocking by carriers
Client’s use of third-party services is governed by the terms and policies of those third parties.
6. Client Content & Data Rights
6.1 Ownership Client owns all right, title, and interest in and to Client Content, subject to the limited rights granted to TakeNext in these Terms. 6.2 License to TakeNext Client grants TakeNext a worldwide, non-exclusive, royalty-free license to:
Host
Store
Process
Transmit
Display
Analyze
Modify Client Content as reasonably necessary for formatting, security, and operation
TakeNext may use Client Content as reasonably necessary to provide, maintain, secure, and improve the Services, including testing, monitoring, and performance optimization. 6.3 AI Usage TakeNext may use Client Content to provide AI-driven features, such as:
AI analysis and summaries
Intent detection and scoring
Recommendations and automations
Fraud detection and abuse prevention
Performance optimization and reliability
Client Content is not intentionally combined with other clients’ data in a way that would allow other clients to access or identify Client’s specific data. Privacy Policy. Our collection, use, and disclosure of personal data (including any personal data contained in Client Content) is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, Client agrees to the Privacy Policy.
7. Data Retention
Unless otherwise required by law or explicitly agreed in writing:
Call recordings: retained for up to 24 months
Call transcripts: retained for up to 24 months
SMS/MMS content: retained for up to 24 months
Photos/media: retained for approximately 90–180 days
Telephony logs: retained for up to 12 months
AI logs: retained for up to 12 months
Account data: retained for the duration of the active account
Client may request deletion of certain data, subject to legal, security, and fraud-prevention obligations. TakeNext may retain anonymized or aggregated data that does not identify Client or Customers.
8. Acceptable Use
Client may not use the Services to:
Upload, transmit, or store illegal content
Send unsolicited or spam messages
Use scraped, purchased, or rented contact lists without proper consent
Interfere with or degrade Service performance or security
Misrepresent identity or caller ID
Use the Services for competitive analysis or benchmarking
Engage in harassment, abuse, or other harmful conduct
Send prohibited SHAFT content (sex, hate, alcohol, firearms, tobacco) without required carrier approvals
Auto-dial or auto-message without proper consent under applicable law
TakeNext may suspend or terminate access to the Services for violations of this Acceptable Use section.
9. Messaging & Telephony Services
9.1 Consent Responsibilities Client is solely responsible for:
Obtaining valid, documented consent for SMS/MMS communications under the TCPA and other applicable laws
Honoring STOP and other standard opt-out commands promptly
Providing all legally required call recording and monitoring disclosures
Complying with one-party and two-party (all-party) consent requirements
Complying with CTIA guidelines and carrier requirements
Maintaining records and proof of consent and opt-outs
TakeNext does not verify or monitor Client’s consent mechanisms or contact lists. 9.2 Messaging Restrictions Client may not:
Send mass marketing messages without prior, verifiable opt-in
Upload or message purchased, rented, or scraped contact lists
Send political, lead-generation, or other high-risk message types without required carrier registration and approval
Falsify or misrepresent the sender’s identity
Engage in spam, phishing, or other abusive messaging practices
9.3 Call Recording & Transcription Client acknowledges and agrees that:
Calls may be recorded by default when using the Services
Calls may be transcribed and analyzed by AI systems
Transcriptions and AI summaries may contain errors or omissions
AI interpretations may not reflect the actual content or intent of the call
Client is responsible for ensuring that all call participants receive any legally required notice or consent to call recording and transcription. 9.4 Carrier & Network Limitations TakeNext is not liable for:
Carrier filtering, flagging, or blocking of messages or calls
Message delivery failures or delays
Poor call quality, dropped calls, or routing issues
Incorrect or inconsistent caller ID display
STIR/SHAKEN spam or fraud labeling
Network outages or connectivity issues
9.5 Content Responsibility Client is responsible for:
The content of all calls, messages, and communications sent or received via the Services
Reviewing and approving AI-generated content before use, where appropriate
Ensuring that outbound communications are truthful, accurate, and lawful
9.6 Prohibited Calling Practices Client may not:
Auto-dial or auto-message without valid consent
Call numbers on applicable Do Not Call lists without a valid exemption
Spoof or falsify caller identity in violation of law
Conduct unlawful robocalling or abusive calling practices
9.7 Telephony Data Retention Telephony data is retained according to Section 7 (Data Retention). No Legal Advice. TakeNext does not provide legal advice and does not monitor Client’s communications for compliance. Client is solely responsible for consulting with its own legal counsel to ensure that its use of the Services complies with all applicable laws, regulations, and industry guidelines.
10. Reporting, Analytics & Data Accuracy
Client acknowledges that all reporting, dashboards, analytics, AI insights, call logs, message logs, attribution, and summaries (“Analytics”) are provided as-is and as-available. TakeNext does not guarantee:
Accuracy or completeness of Analytics
That Analytics will match other systems or reports
That imports from third-party systems are correct or complete
That telephony logs capture every event or interaction
That AI interpretations, tags, or summaries are accurate
Real-time synchronization or specific timing of data updates
Analytics may be influenced by:
Carrier delays or filtering
Telephony issues and network conditions
AI interpretation limits
Incorrect or incomplete Client Content
Behavior of third-party systems
Client configuration and settings
Client is solely responsible for validating Analytics before relying on them for business decisions. TakeNext is not liable for actions taken or not taken based on Analytics.
11. Fees, Billing & Payment
Fees are specified in the applicable Order Form or online subscription page.
Subscriptions typically auto-renew unless canceled in accordance with the Order Form or account settings.
Fees are non-refundable except where required by law.
Client is responsible for all applicable taxes, duties, and government charges.
Late or non-payment may result in suspension or termination of the Services.
TakeNext may modify pricing upon reasonable prior notice, with changes taking effect at the next renewal term unless otherwise stated.
12. Term & Termination
These Terms remain in effect while Client uses the Services or has an active subscription.
Either party may terminate the Services for uncured material breach by the other party, after providing written notice and a reasonable cure period.
TakeNext may suspend or terminate access immediately for violations of the Acceptable Use or Telephony provisions, or where required by law or carrier policy.
Upon termination, Client’s right to access the Services ends immediately.
TakeNext may retain or delete data according to Section 7 and applicable law.
13. Intellectual Property
TakeNext owns all right, title, and interest in and to:
The Services, software, and code
Algorithms and AI models
User interface and user experience (UI/UX)
Documentation and training materials
TakeNext names, logos, and branding
Enhancements, updates, and derivative works of the Services
No rights or licenses are granted to Client except as expressly stated in these Terms.
14. Feedback
Client may choose to provide ideas, suggestions, or feedback about the Services (“Feedback”). TakeNext may use Feedback for any purpose without restriction or obligation to Client, and Client hereby assigns all rights in Feedback to TakeNext.
15. Publicity
Unless Client opts out in writing, TakeNext may use Client’s name and logo in a factual manner in customer lists, pitch decks, and marketing materials to identify Client as a customer of TakeNext. Any other use will require Client’s prior written consent.
16. Confidentiality
Each party agrees to protect the other party’s non-public, confidential information with at least reasonable care and use it only as necessary to perform under these Terms. Confidentiality obligations do not apply to information that is:
Publicly available through no fault of the receiving party
Rightfully received from a third party without duty of confidentiality
Independently developed without use of the other party’s confidential information
Required to be disclosed by law or court order (with notice where legally permitted)
17. Warranties & Disclaimers
The Services are provided “as is” and “as available”. To the maximum extent permitted by law, TakeNext disclaims all warranties, whether express, implied, or statutory, including but not limited to:
Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy of AI outputs or Analytics
Accuracy of transcriptions, summaries, or interpretations
Message delivery, call quality, or uptime guarantees
Client assumes all risk arising from its use of the Services.
18. Limitation of Liability
To the maximum extent permitted by law:
TakeNext’s total aggregate liability arising out of or relating to the Services or these Terms is limited to the amount paid by Client to TakeNext in the twelve (12) months immediately preceding the event giving rise to the claim.
TakeNext is not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, lost business opportunities, or data loss, even if advised of the possibility of such damages.
TakeNext is not liable for telecom issues, carrier behavior, network outages, AI errors, analytics errors, or disputes between Client and any Customer or third party.
These limitations apply regardless of the theory of liability and even if any remedy fails of its essential purpose.
19. Indemnification
Client will indemnify, defend, and hold harmless TakeNext and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Client’s violation of these Terms or applicable laws
Telecom, messaging, or telemarketing violations (including TCPA, CTIA, or carrier rules)
Call recording, monitoring, or transcription violations
Privacy or data protection breaches caused by Client or its Authorized Users
Client Content or communications sent via the Services
Customer or third-party disputes related to Client’s products, services, or communications
Misuse of AI features or reliance on AI outputs
Misconfigured settings, integrations, or workflows in Client’s account
Unauthorized or improper integrations with third-party services
20. Export Controls
Client must comply with all applicable export control and sanctions laws and may not use, export, or re-export the Services in violation of such laws, including to embargoed countries or prohibited parties.
21. Assignment
Client may not assign or transfer these Terms, by operation of law or otherwise, without TakeNext’s prior written consent. TakeNext may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Any unauthorized assignment is void.
22. Force Majeure
Neither party is liable for failure or delay in performance (except payment obligations) due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, or internet or telecom outages.
23. Governing Law & Venue
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. All disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Travis County, Texas, and the parties consent to the personal jurisdiction of such courts.
24. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email, in-product notification, or by updating the “Last Updated” date above). The updated Terms will be effective when posted, unless a later effective date is stated. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
25. Entire Agreement
These Terms, together with any applicable Order Form and our Privacy Policy, constitute the entire agreement between Client and TakeNext regarding the Services and supersede all prior or contemporaneous agreements relating to the same subject matter.
26. Severability & Waiver
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Failure or delay by either party to enforce any provision of these Terms is not a waiver of that provision or any other provision.
27. Notices
Notices to TakeNext under these Terms must be sent in writing to: TakeNext Inc 5900 Balcones Drive, Suite 100 Austin, TX 78731 Email: legal@takenext.com