Last updated: June 2, 2025
NextByte, Inc. encourages you to carefully read these Terms of Service (the "Terms") before using nextbyte.ai, www.trynextbyte.com, or related sites ("the Website" or "the Services") operated by NextByte, Inc. (collectively with its affiliates and subsidiaries, "NextByte", "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of, or subscription to, the Website and the Services.
By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms and our Privacy Policy.
These Terms are made by and between the party on whose behalf they are accepted (the "Subscriber", "you" or "your") and NextByte, Inc. If you are entering into or accepting these Terms on behalf of a legal entity, you represent and warrant that you have the right, authority and capacity to bind such entity to these Terms, in which case the term "Subscriber" or "you" shall refer to such entity. If you do not have such authority, or do not agree to be bound by all of the provisions of these Terms, do not access or use the Services.
This Website is only intended for individuals who are at least 16 years of age. We do not knowingly encourage or solicit visitors to this Website who are under the age of 16 or knowingly collect personal data from anyone under the age of 16 without parental fiduciary consent.
Subject to your compliance with these Terms, and your payment of any applicable fees, NextByte grants you a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make use of the Service. All rights not expressly granted to you in these Terms are reserved. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by NextByte will terminate automatically and without further notice if you do not comply with these Terms.
You may register for a free account on the Website. A free account does not provide you with access to all functionalities of the Service. Free accounts have a term that runs until you close the account or NextByte terminates the account (which NextByte may do at any time at its sole discretion and without notice for any reason).
You may request a free trial of the Service, which NextByte may agree to provide at its sole discretion. You may not have more than one trial account at a time, and you may not serially sign up for trial accounts to avoid paying for the Service. A trial account is valid for seven (7) days unless otherwise agreed by NextByte; however, NextByte may at its sole discretion terminate any trial account immediately and without notice for any reason. After the seven (7) day trial period, if you do not sign up for a paid account, your trial account will become a free account with more limited functionality than trial accounts and paid accounts.
NextByte provides free accounts and trial accounts for use on an "as is" basis, without any warranties of any kind, express or implied, and to the fullest extent permitted under applicable law, NextByte disclaims all liability with respect to your access of the Website and use of the Service pursuant to a free account or a trial account.
Paid accounts for the Service are a month-by-month or annual subscription, and automatically renew monthly or annually as applicable until 1) you stop paying the fees for the paid account or 2) the paid account is terminated in accordance with these Terms. There are different tiers of paid accounts available from NextByte. Subscribers may not have more than one paid account at a single company (including such company's affiliates). If you stop paying the fees for a paid account, the account will become a free account and will have more limited functionality than the paid account.
The Service is billed in advance on a recurring monthly or annual basis (depending on the plan type chosen) and payments are non-refundable. All fees will be paid in US dollars unless otherwise agreed by NextByte. If you purchase an annual plan, no full or partial refunds will be given for the annual fee if you downgrade to a monthly plan during the remainder of the annual term. Downgrading your Service tier may cause the loss of certain features or capacity of the account; NextByte does not accept any liability for such loss. For any billing questions or disputes, please reach out to us directly to work out a resolution.
All paid plans require a valid credit card or advance arrangement of a custom billing plan unless otherwise agreed by NextByte.
If any subscription paid by credit card is 7 or more days overdue, we may, without limiting any rights and remedies, cease the provision of Service to Subscriber until the overdue amount is paid in full.
Subscriber shall be responsible for all taxes associated with Services other than U.S. taxes based on Company's net income.
Prior to gaining access to certain functionalities of the Service, we may require you to complete authentication procedures, which may include setting up usernames, one-time passwords (OTP), multi-factor authentication, or other security credentials ("Authentication Credentials") as set forth in the account registration procedures provided to you or posted on the Website. You agree to comply with any procedures specified by NextByte from time to time regarding obtaining, updating, and using Authentication Credentials for the Website and the Service. You agree to assume sole responsibility for the security of Authentication Credentials used by you, including maintaining the confidentiality of any devices, phone numbers, or email addresses used for OTP delivery. Accounts are subject to cancellation or suspension by NextByte at any time, including upon the misuse of the account or breach of these Terms. You agree that you will use your best efforts to prevent any third party from obtaining unauthorized access to your Authentication Credentials, and you shall inform NextByte immediately of any actual or potential unauthorized access to your Authentication Credentials or to the Website and/or the Service.
Subscriber is solely responsible for ensuring that it has all rights, licenses and permissions in and to information, data, software code and other materials (collectively, "Subscriber Data") that it inputs to, transmits through and/or stores on the Service and the Website. Subscriber represents and warrants that it has all rights, licenses and permissions necessary to authorize NextByte to receive, store and display such Subscriber Data for the purpose of providing the Service. Without limitation, Subscriber Data may include (i) contact data such as names, email addresses and other personally identifiable information, (ii) interview questions and coding examples used in the process of conducting interviews via the Service, and (iii) interview notes created by Subscriber or its personnel in the course of conducting such interviews.
Subscriber is also solely responsible for ensuring that each candidate whom Subscriber is interviewing via use of the Services is aware of and consents to these Terms with respect to the conduct of such interview and the candidate's use of the Website and the Service for the purpose of participating in such interview. This includes making the candidate aware that his/her efforts as demonstrated in the course of the interview will be stored by NextByte and will be accessible by Subscriber after the conclusion of the interview.
In addition, Subscriber shall:
We may terminate access to the Service:
If you no longer wish to use the Service, Subscriber is solely responsible for properly terminating its subscription. Subscriber can terminate their subscription by reaching out to contact@trynextbyte.com.
All items owned by Subscriber as specified in the "Subscriber Ownership and Content" section of these Terms shall remain available to Subscriber in NextByte for a period of up to seven (7) days after termination for any reason, but all other features of the Service may be unavailable or greatly curtailed. After such seven (7) day period, NextByte is not obligated to retain any or all copies of your Subscriber Data or other content that you or candidates that you interviewed via the Service may have provided to NextByte.
The Service, the software that NextByte uses to operate the Service, and all intellectual property rights in and to the foregoing are and shall at all times remain the exclusive property of NextByte and its licensors, and are protected by United States and international copyright and other intellectual property laws. All rights therein are expressly reserved by NextByte, and no rights are granted to you other than that limited right to access and use the Service on the terms set forth in these Terms.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any NextByte materials or intellectual property, in whole or in part.
When NextByte provides services that involve creating, developing, or enhancing content for Subscribers (including but not limited to coding problems, assessment questions, interview templates, or other materials), NextByte retains all intellectual property rights in such work product. This includes any content created by NextByte personnel, generated through NextByte's systems, or developed through collaboration between NextByte and Subscriber. Subscriber receives a non-exclusive license to use such content solely within the NextByte platform for their intended assessment purposes.
If you provide us with any suggestions, comments, feedback, ideas, or other input relating to the Service (whether existing, suggested or contemplated), including requests for custom content or features ("Feedback"), such Feedback shall be exclusively owned by NextByte. By providing such Feedback to NextByte, you acknowledge and agree that it may be used by NextByte without restriction for any purpose, including: (i) further develop, customize and improve the Service, (ii) provide ongoing assistance and technical support, (iii) create aggregated statistical data and other aggregated and/or inferred information, which NextByte may use to provide and improve its services, (iv) to enhance NextByte data security and fraud prevention capabilities, (v) to develop new products and services, and (vi) to comply with any applicable laws and regulations.
In addition, you (1) represent and warrant that such Feedback does not infringe on any third party rights; (2) irrevocably assign to NextByte any right, title and interest you may have in such Feedback; and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide in or to such Feedback.
Subscriber retains ownership rights in the original Subscriber Data that they input into the Service. However, by using the Service, Subscriber grants NextByte a broad, non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, and create derivative works from Subscriber Data for the following purposes:
NextByte may use Subscriber Data, including but not limited to code submissions, interview responses, assessment results and usage patterns, to train and improve artificial intelligence models, machine learning algorithms, and other automated systems. This may include creating training datasets, fine-tuning models, and developing new AI capabilities. Subscriber acknowledges that such use may result in insights, patterns, or capabilities that become part of NextByte's intellectual property.
You may request a copy of your original Subscriber Data from NextByte, and if it is reasonably possible for NextByte to provide it or make it accessible to you, we will. The data will be provided in an industry standard format as determined by NextByte. NextByte will use industry standard and commercially reasonable efforts to keep your Subscriber Data safe and secure, as described in these Terms and the NextByte Privacy Policy. However, you are ultimately responsible for maintaining a backup of your Subscriber Data, as NextByte cannot guarantee that data will never be lost or corrupted, and NextByte does not take liability to reconstruct corrupted or lost Subscriber Data.
We reserve the right to monitor Subscriber Data and to remove or disable content that we, in our sole discretion, determine to be illegal, harmful, offensive, creating liability for NextByte or its service providers, or otherwise in violation of these Terms or NextByte operating policies. Without limiting the foregoing, NextByte does not assume any obligation to perform such monitoring, and NextByte does not make any representations or guarantees regarding content provided by other users of the Service.
NextByte may create anonymized, aggregated, or de-identified datasets from Subscriber Data that do not identify specific individuals or organizations. NextByte owns all rights in such processed data and may use it for any lawful business purpose, including commercial purposes, research, and creating industry benchmarks or reports. This right survives termination of these Terms.
You, at your expense, shall indemnify, hold harmless and (if so requested by NextByte) defend us and our directors, officers, employees, affiliates, subsidiaries, partners, suppliers, agents, contractors and licensors, and each of their respective officers, directors, agents and employees (the "NextByte Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (1) your access of use of the Website or the Service; (2) your breach of these Terms; (3) any Subscriber Data or other content you provide to NextByte or transmit through or store on the Website or the Service; (4) any activity in which you engage on or through the Website or the Service; or (5) your violation of any law or the rights of a third party, including (a) use of the Service to conduct interviews in a discriminatory or otherwise illegal manner, or (b) the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of these Terms.
Each party agrees to use reasonable efforts to maintain the secrecy and confidentiality of Confidential Information of the other party and to only use such Confidential Information as anticipated under these Terms. Confidential Information shall include the following: (i) any information clearly marked as confidential at the time of disclosure, and (ii) any intellectual property provided by NextByte in the performance of the Service. The provisions of this section shall not apply to information that: (i) is disclosed or available to the public; (ii) is otherwise in the public domain at the time of disclosure or subsequently becomes part of the public domain through no fault of the receiving party; (iii) is already known to the receiving party without an obligation of confidentiality; (iv) is approved for release in writing by the disclosing party; or (v) the receiving party is compelled to disclose or deliver in response to a law, regulation, or governmental or court order (to the least extent necessary to comply with such order), provided that receiving party notifies the disclosing party promptly (if permitted under the order) upon receiving such order to give the disclosing party the opportunity to contest such order and cooperates in the contest action (at the disclosing party's expense) if requested and permitted under the order.
Each party hereby represents and warrants to the other that it has the necessary authority to enter into and perform its obligations under these Terms, and without the consent of any third party or breach of any contract or agreement with a third party, that they have the necessary authority to enter these Terms, and that they shall comply with all laws applicable to the performance, use and receipt of the Service.
You agree and understand that the Service is only a tool that assists you in conducting assessments and interviews. NextByte does not independently confirm the identity of any individual whom a Subscriber interviews through use of the Service. While the Service may provide scoring, analytics, or performance metrics related to candidate responses ("Assessment Data"), NextByte does not make hiring recommendations or provide guidance on the suitability of candidates for employment or other engagement by Subscribers or any third party.
Subscriber acknowledges and agrees that: (i) all hiring and employment decisions remain solely the responsibility of Subscriber; (ii) Assessment Data provided by the Service is for informational purposes only and should not be the sole basis for any employment decision; (iii) Subscriber is responsible for ensuring compliance with all applicable employment laws, anti-discrimination laws, and fair hiring practices; (iv) Subscriber should conduct additional verification, interviews, and due diligence beyond the Service's Assessment Data; and (v) the Service's scoring or metrics may not capture all relevant qualifications, skills, or characteristics important for a particular role.
NextByte makes no representations or warranties regarding the accuracy, completeness, reliability, or validity of any Assessment Data, scores, or analytics provided by the Service. Assessment results may be influenced by factors including but not limited to technical issues, candidate familiarity with the platform, time constraints, or other variables outside NextByte's control.
While NextByte strives to provide fair and unbiased assessment tools, Subscriber acknowledges that no assessment methodology is perfect and that scoring systems may have inherent limitations. Subscriber is responsible for: (i) reviewing Assessment Data for potential bias or disparate impact; (ii) ensuring their use of the Service complies with equal employment opportunity laws; (iii) conducting regular audits of their hiring processes; and (iv) implementing additional measures as necessary to ensure fair and lawful hiring practices.
You agree and understand that the Service and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Service are provided by NextByte on an "as is" and "as available" basis, unless otherwise agreed upon in writing by NextByte. NextByte makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Service, unless otherwise agreed upon in writing by NextByte. NextByte, its affiliates, their respective employees, members, shareholders, agents, third party content providers and licensors, do not warrant that the Service will be uninterrupted or error free; nor does NextByte make any warranty as to the results that may be obtained from use of the service, or as to the accuracy, reliability or content of any information provided through the Service.
In addition, NextByte makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, devices or any other product or service advertised, promoted or offered by a third party on or through the Service or any hyperlinked website and NextByte is not responsible or liable for any transaction between you and third party providers of the foregoing. You expressly agree that your use of the Service is at your sole risk.
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the Service. You agree that NextByte has no obligation or liability arising from or related to third party content and services made available through or in connection with the Service, and while your relationship with such third party content and services may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to NextByte, for any problems or dissatisfaction with third party content and services, is to stop using any such third party content and services.
To the fullest extent permissible by law, NextByte disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose in connection with the Website and/or Services. NextByte does not warrant that the Service, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website and/or Service, NextByte's servers or electronic communications sent from NextByte are free of viruses or other harmful components.
IN NO EVENT WILL (A) NEXTBYTE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES UNDER OR IN CONNECTION WITH THESE TERMS OR SUBSCRIBER'S ACCESS AND USE OF THE WEBSITE AND THE SERVICE, OR (B) NEXTBYTE'S AGGREGATE LIABILITY (TOGETHER WITH ALL OF ITS AFFILIATES) ARISING OUT OF OR RELATED TO THESE TERMS OR SUBSCRIBER'S ACCESS AND USE OF THE WEBSITE AND THE SERVICE (REGARDLESS OF THE NUMBER OF INDIVIDUAL INCIDENTS GIVING RISE TO LIABILITY) EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER HEREUNDER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE ABOVE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, AND REGARDLESS OF WHETHER REMAINING REMEDIES ARE DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSE.
YOUR SOLE AND ALTERNATIVE REMEDY IF THE ABOVE STATED LIMITATIONS ARE FOUND TO FAIL OF THEIR ESSENTIAL PURPOSE SHALL BE PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NEXTBYTE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING SHALL NOT LIMIT NEXTBYTE'S LIABILITY FOR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
Our Website may contain links to third-party websites that are not owned or controlled by NextByte. NextByte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party Website that you visit.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law.
NextByte processes personal information and personal data in accordance with its current Privacy Policy.
Subscriber remains the controller for the processing of the data of its employees and candidates, and therefore you can choose to activate or deactivate numerous features available in the Service such as:
In all cases, you remain responsible for the decisions you make regarding the use of features and the processing of Candidate data.
Consumers, as defined under the California Consumer Privacy Act (CCPA) may have rights regarding their personal information, which meets the definition of "Personal Information" under the CCPA. You are responsible for any Personal Information you collect under the CCPA ("Business PI"). The parties agree that NextByte acts as a "Service Provider" and you are a "Business" (as such terms are defined under the CCPA). NextByte and you each shall comply with our and your respective obligations under the CCPA. For example, NextByte shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, NextByte may use, in aggregate, Personal Information of the end users or your Business or any other Businesses for which NextByte is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This aggregated Personal Information may include IP addresses, preferences, web pages visited prior to coming to your or another Business' website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another Business' website (such as timestamps, clicks, scrolling, browsing times and load times).
If Subscriber or your end users reside in the European Economic Area or if any transfer of information between Customer and the Services is governed by the European Union General Data Protection Regulation (GDPR) or national laws implementing the GDPR, then Customer shall respect the applicable laws and understand he acts as a Controller of the personal data. The Customer expressly consents to the transfer of such information outside of the European Union to the United States as may be contemplated by the features and activities of the Services under this Agreement.
NextByte commits to resolve complaints about our collection or use of your personal information in accordance with its current Privacy Policy.
We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the updated Terms.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website and discontinue any use of the Website immediately.
The failure of NextByte to exercise or enforce any right or provision of these Terms shall not constitute a waiver of said right or provision.
If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.
You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination. Without limiting the generality of the foregoing, the disclaimers of warranty, intellectual property ownership, confidentiality, indemnity and limitations of liability shall survive any termination or expiration of this agreement.
The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
Neither party hereto shall be deemed to be in default of any provision of the Terms or for failure in performance, other than the obligation to pay amounts due hereunder when due, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes. Each Party shall use reasonable efforts to mitigate the effect of a force majeure event.
For purposes of providing notice contact us at: contact@trynextbyte.com or NextByte, Inc., 2261 Market Street STE 22963, San Francisco, CA 94114.
© 2025 NextByte, Inc. All rights reserved.