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Terms of Service

Effective Date: March 27, 2026 Last Updated: March 27, 2026

1. Acceptance of Terms

By accessing or using the NEXT90 website located at n90.co (the “Website”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you should not access or use the Website.

These Terms apply to all visitors, users, and others who access the Website. Your use of NEXT90’s platform, products, or services may be governed by additional terms provided at the time of registration or in a separate agreement. In the event of a conflict between these Terms and any separate agreement, the separate agreement will control with respect to the subject matter of that agreement.

2. Description of Service

NEXT90 provides cross-media influence intelligence through its proprietary Insights & Data Engine (IDE). The IDE ingests every signal that influences a business — advertising across all channels (television, radio, digital, CTV, outdoor, and more), weather, demographics, search behavior, news events, viral trends, and other environmental stimuli — unifies them, and makes that picture actionable. NEXT90 traces influence from stimulus to response to conversion across three foundational pillars: Context, Geography, and Time.

The Website provides information about NEXT90’s services, influence intelligence technology, research, and related resources. NEXT90 may also offer access to the IDE platform and analytics dashboards, the use of which is governed by separate service agreements.

NEXT90 reserves the right to modify, suspend, or discontinue any aspect of the Website at any time without prior notice.

3. Website Use and Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

4. Intellectual Property

4.1 Ownership

The Website and its entire contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement — are owned by NEXT90, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Patents and Proprietary Technology

NEXT90 maintains a portfolio of 50+ patents covering our cross-media influence methodology, detection technology, algorithms, data processing techniques, and related technologies. All patents, patent applications, and underlying inventions are the exclusive property of NEXT90. Nothing in these Terms grants you any right, title, or interest in NEXT90’s patents or patented technology.

4.3 Methodology and Algorithms

NEXT90’s influence intelligence methodologies, statistical models, algorithms, data correlation techniques, and analytical processes constitute valuable trade secrets and proprietary information. You may not attempt to reverse engineer, replicate, or derive the underlying methods, formulas, or processes used in NEXT90’s cross-media influence intelligence technology.

4.4 Reports and Output Format

The format, structure, layout, and presentation of NEXT90 reports, dashboards, and analytical outputs are proprietary to NEXT90. While clients may use the data and insights contained in reports as permitted under their service agreements, the report formats themselves remain the intellectual property of NEXT90.

4.5 Trademarks

NEXT90, the NEXT90 logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NEXT90 or its affiliates. You may not use such marks without the prior written permission of NEXT90. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.6 Limited License

Subject to your compliance with these Terms, NEXT90 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include the right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

5. Measurement Data Disclaimer

This section is important. Please read it carefully.

NEXT90’s influence intelligence technology produces results based on statistical models, probabilistic matching, cross-signal correlation, and analytical inference. NEXT90 does not guarantee the absolute accuracy of any influence measurement, attribution, or analytics result.

Influence intelligence results are estimates derived from available data and are subject to inherent limitations, including but not limited to:

Influence intelligence results provided through the Website, in marketing materials, in case studies, or in any other NEXT90 communications are for informational purposes and should not be the sole basis for business decisions. NEXT90 recommends that clients use influence intelligence data as one input among several when evaluating cross-media performance.

NEXT90 expressly disclaims any liability arising from reliance on measurement data or analytics results for any purpose.

6. User Submissions and Communications

6.1 Contact Forms and Inquiries

Any information you submit through the Website’s contact forms, email inquiries, or other communication channels is subject to our Privacy Policy. By submitting information, you represent that you have the right to provide such information and that the information is accurate.

6.2 No Obligation

NEXT90 is under no obligation to respond to any submission or inquiry, though we endeavor to respond to legitimate business inquiries in a timely manner.

6.3 Unsolicited Ideas

If you submit unsolicited ideas, suggestions, proposals, or other materials to NEXT90 through the Website or any other channel, you acknowledge that NEXT90 may already be developing or may independently develop similar ideas. You grant NEXT90 a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, distribute, and otherwise exploit any such submission for any purpose, without obligation or compensation to you.

The Website may contain links to third-party websites, resources, or services that are not owned or controlled by NEXT90. NEXT90 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that NEXT90 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites that you visit.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXT90 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NEXT90 DOES NOT WARRANT THAT:

ANY CONTENT, MATERIAL, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXT90 OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXT90, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NEXT90 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL NEXT90’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT NEXT90 HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless NEXT90, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact NEXT90 at legal@n90.co to attempt to resolve the dispute informally. The parties shall use good faith efforts to resolve any dispute within thirty (30) days of the initial notice.

12.2 Binding Arbitration

If a dispute cannot be resolved informally, you and NEXT90 agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware.

12.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm.

12.4 Class Action Waiver

YOU AND NEXT90 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Termination

NEXT90 may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications to Terms

NEXT90 reserves the right to revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter.

The “Last Updated” date at the top of this page indicates when these Terms were last revised. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

For material changes that significantly affect your rights or obligations, NEXT90 will post a prominent notice on the Website. We will notify registered users of material changes via email at the address associated with their account. It is your responsibility to ensure your contact information is current.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by NEXT90 on the Website, constitute the entire agreement between you and NEXT90 concerning your use of the Website.

These Terms do not alter the terms or conditions of any other agreement you may have with NEXT90 for products, services, or otherwise. If you are using the Website on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NEXT90 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

NEXT90 [Address]

Email: legal@n90.co Website: https://n90.co