Terms of Service

NextCar® Terms of ServiceLast Updated: November 30, 2025Please read these Terms of Service ("Terms") carefully. By accessing or using the NextCar® website, mobile application, or any car negotiation and brokerage services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.1. General Provisions and Acceptance1.1 Parties and AgreementThese Terms constitute a legally binding agreement between you, the User (referred to as "User" or "you"), and NextCar® (referred to as "NextCar," "we," "us," or "our"). These Terms incorporate our Privacy Policy by reference.1.2 EligibilityThe Services are intended solely for Users who are eighteen (18) years of age or older and who are legally capable of entering into a binding contract. By using the Services, you represent and warrant that you meet this requirement.2. Service Description and Scope of Engagement2.1 Initial Consultation (Discovery Call)We offer a free discovery call that includes a complete consultation and deal review. There is no obligation or payment required to participate in this initial call; this is your opportunity to learn more about our services and for us to assess your needs at no charge.2.2 Scope of ServicesUpon payment of the service fee (as defined in Section 4), NextCar agrees to use commercially reasonable efforts to:a) Consult with you regarding your desired vehicle and transaction criteria.b) Negotiate a competitive purchase or lease price on your behalf with Partner Dealerships.c) Facilitate communication between you and the Partner Dealership to finalize the transaction.2.3 Limitations of ServiceNextCar acts solely as a consultant and negotiation agent. We do not:a) Guarantee a specific final price or the availability of any particular vehicle.b) Provide financing, insurance, or legal advice.c) Guarantee the mechanical condition, title, or fitness for a particular purpose of any vehicle purchased or leased.d) Act as a dealer, seller, or lender.2.4 Service WindowAny further communication or paid services are only provided once a fee is paid upfront. This fee covers our professional services and is valid for sixty (60) days from the date of payment, unless otherwise specified in writing by NextCar via email or text.3. Calculator Use and Disclaimer3.1 Use of CalculatorsNextCar provides various estimation tools, including the Loan Calculator, Lease Calculator, and Out-the-Door (OTD) Price Calculator ("Calculators"). These tools are provided solely for your convenience to estimate potential transaction costs based on the data you manually input.3.2 No Guarantee or OfferThe results generated by the Calculators are ESTIMATES ONLY. The results do not constitute a final quote, guarantee of terms, or an offer of credit from NextCar, any Partner Dealership, or any Financial Lender. Actual financing rates, lease residuals, fees, and final OTD prices are determined by:a) Your individual credit history and financial standing.b) Current market conditions and manufacturer incentives.c) Final negotiations and documentation executed by the Partner Dealership.3.3 Limitation of ResponsibilityYou acknowledge that NextCar is not responsible for any decision you make based on the output of the Calculators, and you agree to rely solely on the official, written Final Quote provided by NextCar and the final contract documents provided by the Partner Dealership or Lender.4. Financial Terms, Fees, and Refunds4.1 Service Fee PaymentA non-refundable, upfront service fee is required to engage NextCar's professional negotiation services. This fee is for our time, expertise, and effort expended on your behalf.4.2 Non-Refundable TriggerRefunds are possible only before a final quote has been sent. Once a Final Quote (defined as a specific, verifiable price or lease structure communicated by NextCar to the User) is provided, the service fee immediately becomes non-refundable.4.3 ExclusionsThe NextCar service fee does not include the cost of the vehicle, sales tax, government fees, registration fees, documentation fees, or any other fees charged by the Partner Dealership or governmental authority.5. User Consent and Data Handling5.1 Consent to Share DataBy using our Service and paying the fee, you acknowledge and consent to providing Personal Information such as your name, phone number, email, and address, and you explicitly consent to us sharing this information with Partner Dealerships and/or Financial Lenders to facilitate your transaction and secure quotes.5.2 Dealership ContactYou understand and agree that upon introduction to a Partner Dealership or Lender by NextCar, those third parties may contact you directly by phone, text, or email to complete the transaction, and their use of your data will be governed by their own privacy policies.5.3 Data AccuracyYou represent and warrant that all information you provide to NextCar (including financial information, trade-in details, and contact information) is truthful, accurate, and current.6. User Obligations and Prohibited Conduct6.1 Non-CircumventionYou agree not to directly or indirectly contact or transact with any Partner Dealership that NextCar introduced to you regarding the specific vehicle or quote we negotiated, with the intent to avoid paying the agreed-upon Service Fee.6.2 Prohibited ActivitiesYou agree not to use the Services for any fraudulent or unlawful purpose, including, but not limited to, misrepresenting your identity, financial status, or intent to purchase.7. 🛡️ Protective Legal Clauses7.1 Disclaimer of WarrantiesTHE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.NextCar makes no representations or warranties regarding the accuracy of pricing, the condition of any vehicle, the availability of inventory, or the successful completion of any transaction. You assume all risk for the selection and use of the Services and the vehicle you choose to purchase.7.2 Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTCAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING PARTNER DEALERSHIPS; OR (C) ANY VEHICLE PURCHASED OR LEASED AS A RESULT OF THE SERVICES.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEXTCAR EXCEED THE TOTAL AMOUNT OF THE SERVICE FEE PAID BY YOU TO NEXTCAR FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.7.3 IndemnificationYou agree to defend, indemnify, and hold harmless NextCar and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; or (iii) your purchase or lease of a vehicle facilitated by the Services.8. Termination8.1 Termination by NextCarWe may terminate or suspend your account and access to the Services immediately, without prior notice or liability, if you breach these Terms, including, but not limited to, failure to pay fees, providing false information, or engaging in prohibited activities.8.2 SurvivalSections 4 (Financial Terms), 5 (Consent), 6 (Obligations), 7 (Protective Legal Clauses), and 9 (Governing Law and Dispute Resolution) shall survive any termination of these Terms.9. Governing Law and Dispute Resolution9.1 Governing LawThese Terms shall be governed by and construed in accordance with the laws of The State of Delaware, without regard to its conflict of law principles.9.2 Mandatory Binding ArbitrationANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. You and NextCar agree that any such arbitration shall be conducted solely on an individual basis and not in a class, consolidated, or representative action.10. Miscellaneous10.1 Changes to TermsWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.10.2 Contact InformationFor any questions regarding these Terms, please contact us at:Email: contact@NextCar.com