Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (the “Terms”) are a binding legal agreement between you and NexYear LLC, a Pennsylvania limited liability company with its principal place of business at 564 Skippack Pike, Blue Bell, PA 19422 (“NexYear,” “we,” “us,” or “our”), governing your access to and use of the MyComes platform and all related applications, websites, and services (collectively, the “Service”).

By clicking “I Agree,” creating an account, or accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not access or use the Service.

2. Definitions

“Account” means the registered access credential issued to you for the Service. “Customer Data” means the contact, relationship, communication, and business information you submit to or generate within the Service. “Confidential Information” has the meaning given in Section 6. “NexYear IP” means the Service and all software, technology, content, designs, workflows, and intellectual property comprising or underlying it.

3. The Service & License

MyComes is a private relationship-intelligence platform that helps high-touch professionals manage contacts, communications, and client relationships, including AI-assisted advisory tools, messaging, gifting, and document workflows.

Subject to your continuous compliance with these Terms, NexYear grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business purposes. We may modify, suspend, or discontinue any part of the Service at any time. We reserve all rights not expressly granted.

4. Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your credentials and for all activity that occurs under your Account, whether or not authorized by you. Notify us immediately at legal@mycomes.ai of any unauthorized use or suspected breach. You may not share, sell, or transfer your Account.

5. Acceptable Use

You agree not to, and not to permit any third party to:

(a) copy, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service; (b) rent, lease, sell, sublicense, or otherwise commercially exploit the Service or provide it to third parties as a service bureau; (c) scrape, harvest, or use bots or automated means to access or extract data from the Service except through interfaces we provide; (d) circumvent or disable any security, rate-limiting, or access-control feature; (e) upload malware or interfere with the integrity or performance of the Service; (f) use the Service to send unlawful, harassing, deceptive, or unsolicited communications, or in violation of any applicable law; or (g) use the Service to build or train a competing product or to benchmark it for a competitor.

6. Confidentiality & Non-Disclosure

This Section operates as a mutual non-disclosure agreement between you and NexYear, and governs confidential information exchanged through your evaluation and use of the Service.

(a) Definition. “Confidential Information” means any non-public information disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”), whether orally, in writing, or by any other means, that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. It includes, without limitation: business and product plans, pricing, client and recipient lists, technical specifications, software code, financial data, the MyComes platform and any proprietary concepts, features, or workflows disclosed by NexYear, trade secrets, and the existence and terms of the parties’ relationship.

(b) Obligations. The Receiving Party will (i) hold the Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, and no less than reasonable care; (ii) use it solely in connection with the Service and for no other purpose; (iii) not disclose it to any third party without the Disclosing Party’s prior written consent; and (iv) limit access to those of its employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations no less protective than these.

(c) Exclusions. These obligations do not apply to information that is or becomes public through no breach of these Terms; was rightfully known to the Receiving Party before disclosure, without restriction; is independently developed without use of or reference to the Confidential Information; or is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives prompt written notice and cooperates with any effort to obtain protective treatment.

(d) Survival & Return. Confidentiality obligations apply throughout your use of the Service and survive for three (3) years after the later of termination or the final disclosure; obligations as to trade secrets continue for as long as the information remains a trade secret under applicable law. Upon written request or termination, the Receiving Party will promptly return or destroy all Confidential Information and, if requested, certify that it has done so.

(e) Equitable Relief. Each party acknowledges that breach of this Section may cause irreparable harm for which monetary damages would be inadequate, and that the non-breaching party is entitled to seek injunctive relief and specific performance, in addition to all other remedies available at law or in equity, without the requirement of posting a bond.

Where you have also executed a separate written non-disclosure agreement with NexYear, that agreement and this Section apply together, and the more protective terms control.

7. Intellectual Property

As between the parties, NexYear and its licensors own all right, title, and interest in and to the NexYear IP, including all intellectual property rights therein. The MyComes name, logo, and all related marks are trademarks of NexYear; you may not use them without our prior written consent. No rights are granted to you except the limited license expressly stated in these Terms.

8. Feedback

If you provide suggestions, ideas, or other feedback regarding the Service or any NexYear technology or business operations (“Feedback”), you hereby irrevocably assign to NexYear all right, title, and interest in and to such Feedback, including all intellectual property rights therein, and NexYear may use it for any purpose without restriction, attribution, or compensation.

9. Customer Data & Privacy

As between the parties, you own your Customer Data. You grant NexYear a worldwide, non-exclusive license to host, process, transmit, display, and use Customer Data as necessary to provide, secure, and improve the Service, and as described in our Privacy Policy.

You represent and warrant that you have all rights, consents, and lawful bases required to provide Customer Data to the Service and to authorize the communications you send through it. You are solely responsible for the accuracy, content, and legality of your Customer Data and for obtaining any consent required from your contacts.

10. SMS Messaging Program

Program name: MyComes Messaging

Description: Appointment reminders, follow-up messages, and transactional notifications sent on behalf of advisors to their opted-in clients.

Message frequency: Varies based on advisor activity and client interactions. Message and data rates may apply.

To opt out: Reply STOP to any message. You will receive one confirmation message and no further messages.

For help: Reply HELP or contact apollo@mycomes.ai. You are responsible for compliance with the TCPA, CAN-SPAM, CTIA guidelines, and carrier requirements, including obtaining proper consent before messaging your contacts.

11. Fees & Payment

If you subscribe to a paid plan or usage-based features, you agree to pay all applicable fees as described at the time of purchase or in your order. Unless stated otherwise, fees are non-refundable, are exclusive of taxes (for which you are responsible other than taxes on our net income), and recurring fees renew automatically until cancelled. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend the Service for non-payment.

12. Third-Party Services

The Service may integrate with or link to third-party products and services. Your use of them is governed by their terms, and NexYear is not responsible or liable for any third-party product, service, or content.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXYEAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR REVIEWING OUTPUT BEFORE RELYING ON IT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXYEAR AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. NEXYEAR’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO NEXYEAR IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITS DO NOT APPLY TO A PARTY’S BREACH OF SECTION 6 (CONFIDENTIALITY) OR TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You will defend, indemnify, and hold harmless NexYear and its officers, members, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Data, your use of the Service, your communications with your contacts, or your breach of these Terms or of applicable law.

16. Term & Termination

These Terms apply for as long as you use the Service. You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, create risk or legal exposure for us, or for any other reason in our reasonable discretion. Upon termination, your license ends and you must cease using the Service. Sections that by their nature should survive — including Sections 6 (Confidentiality), 7–8 (IP & Feedback), 9, 13–15, 17–19, and 20 — survive termination.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will revise the “Last updated” date and require you to re-accept the updated Terms before you regain access to the Service. Your continued use after an update constitutes acceptance of the revised Terms.

18. Dispute Resolution & Arbitration

Please read this Section carefully — it affects your legal rights. Except for claims for injunctive relief to protect Confidential Information or intellectual property (which may be brought in court), any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Montgomery County, Pennsylvania.

Class-action and jury-trial waiver. Disputes will be resolved on an individual basis only. You and NexYear waive any right to a jury trial and any right to bring or participate in a class, collective, or representative action. If this waiver is found unenforceable as to a particular claim, that claim will be severed and heard in court, but the remainder will proceed in arbitration.

19. Governing Law & Venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles. Subject to Section 18, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Pennsylvania.

20. General

These Terms, together with the Privacy Policy and any order you place, are the entire agreement between you and NexYear regarding the Service and supersede all prior or contemporaneous understandings on the subject. If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, agency, or employment relationship. Notices to NexYear may be sent to legal@mycomes.ai.

21. Contact

NexYear LLC, 564 Skippack Pike, Blue Bell, PA 19422. Questions about these Terms? Reach us at legal@mycomes.ai.