Terms of Service

These Terms of Service ("Terms") govern your access to and use of TheNextHill platform, including the related mobile applications, products, websites, technology, software, and services (collectively, "Service"). These Terms specifically incorporate TheNextHill's Health & Activity Disclaimer and Privacy Policy. In these Terms, "TNH," "us," "our," or "we" means TheNextHill LLC.

By accessing or using the Service in any manner, including visiting or browsing the Service, connecting a third-party account (such as Garmin®), or creating an account, you agree to be bound by these Terms and by any additional terms, policies, or guidelines that we reference in these Terms or make available through the Service, including our Health & Activity Disclaimer and Privacy Policy.

These Terms are a binding agreement between you and TNH. You indicate your acceptance of these Terms by accessing, using, or signing up for any part of the Service. If you do not agree to these Terms, do not access, use, or sign up for the Service.

If you are accessing or using the Service on behalf of another person or an entity, you represent and warrant that you have authority to bind that person or entity to these Terms, and "you" will refer to that person or entity.

The Service is intended only for persons who are at least 18 years old. By creating an account, you represent that you are at least 18 years of age.

If you are under 18, you may not use the Service. We do not knowingly collect information from anyone under 18, and our Privacy Policy provides more detail about how we handle data and age-related restrictions.

To use the Service, you must sign up and create an account. By creating an account, you agree: to provide accurate, current, and complete information about yourself; to keep your information up to date; that TNH may use your information to provide the Service as set out in these Terms and our Privacy Policy; to create only one account for your personal use; and that all activities associated with your account reflect authentic activities done by you.

You are fully responsible for maintaining the confidentiality of your account password and for preventing unauthorized access to your account. You accept full responsibility for all activities that occur under your account. Notify us immediately of any unauthorized access or use of your account.

TNH is not liable for any loss or damage arising from your failure to comply with these obligations, including any unauthorized use of your account.

You may terminate your account at any time by following the instructions in the Service (if available) or by contacting us at hello@thenexthill.com. Termination of your account does not relieve you of any obligation to pay fees incurred prior to termination and is also subject to the "Termination" section of these Terms.

As of the Effective Date, all features of the Service are offered at no charge to users. Whether you engage with free or paid features, these Terms still apply. TNH has the right to add, modify, or discontinue any free or paid feature at any time.

If you decide to access paid features, you will need to pay the applicable subscription fees plus any applicable taxes. Subscription fees are paid on a periodic billing cycle depending on the plan you choose. You agree to pay your subscription fees on time.

Your subscription will renew automatically at the start of every billing period and will continue until cancelled. You can cancel your subscription at any time. The cancellation will go into effect at the end of your current billing period.

TNH has the right to increase subscription fees or add new fees at any time after giving reasonable notice. Changes will take effect on your next billing date.

All fees and charges are non-refundable, except where refunds are required by applicable law or are expressly stated otherwise in the Service at the time you purchase a subscription.

By providing a payment method, you represent that you are authorized to use that payment method and you authorize us (and our third-party payment processors) to charge you for all fees incurred under your account. If your payment method is declined or your payment otherwise fails, we may suspend or terminate access to paid features until payment is successfully processed.

You may choose to connect or share information with third-party apps, plugins, or services that integrate with the Service, like Garmin Connect®, Apple Health®, and other fitness platforms. Information collected by these third parties is subject to their own terms and policies, and TNH is not responsible for the terms or policies of third parties.

If you choose to connect a third-party service, you authorize TNH to receive and process information from that service as described in these Terms and in our Privacy Policy, including fitness and activity data used to generate readiness assessments, training recommendations, and other features of the Service.

TNH does not control and is not responsible for (a) the accuracy, availability, or security of any third-party service, or (b) any acts or omissions of any third party. Your use of third-party services is solely between you and the applicable third party, and you are responsible for reviewing their terms of service and privacy policies.

You may disconnect a third-party integration at any time using the tools made available in the Service (if applicable) or in the relevant third-party account. Disconnecting an integration may limit or disable some features of the Service.

In these Terms, "Content" means any content created, shared, posted, or made available in connection with the Service, such as text, images, routes, adventure suggestions, reviews, or other data. You retain ownership of intellectual property rights in your Content.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content in connection with the Service. This license ends when your Content is deleted from our systems, except for Content that has been shared publicly (such as adventure suggestions or reviews), for which the license will be perpetual.

You agree and confirm that: you own all Content you submit or have the legal right to use it; your Content does not violate or infringe on any rights of a third party; and you are fully responsible for your Content.

To the extent permitted by law, you also grant TNH a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your Content (in de-identified or aggregated form where reasonably practicable) to analyze and improve the Service, develop new features and offerings, and generate analytics and insights about use of the Service.

You acknowledge that TNH may, in its sole discretion, remove or disable access to any Content that it reasonably believes violates these Terms or applicable law, or that may be harmful to TNH, other users, or third parties.

You are fully responsible for Content which you post, upload, share, or make available via the Service. TNH is not responsible for, and does not endorse or support, any Content. We do not guarantee any aspect of any Content, including its accuracy, completeness, usefulness, or quality. You accept all risks relating to use of the Service, including risks arising from reliance on the accuracy, completeness, usefulness, or quality of any Content.

TNH may screen, monitor, restrict, refuse, or remove any Content that we find violates these Terms or is otherwise objectionable, in our sole discretion.

We have no obligation to pre-screen Content and do not undertake to review all Content, and you understand that you may be exposed to Content that is inaccurate, offensive, or otherwise objectionable.

If you believe that Content violates these Terms or infringes your rights (including intellectual property rights), you may notify us at hello@thenexthill.com, and we may (but are not obligated to) investigate and take appropriate action at our sole discretion.

As part of providing the Service, we use artificial intelligence ("AI") and machine learning to provide features designed to enhance your training and improve the Service, including but not limited to the coaching chat, readiness assessments, and training plan generation ("AI Features"). These features are powered by third-party AI models (currently Anthropic's Claude API). We may change or add AI providers from time to time without prior notice, and any such providers will process data in accordance with our Privacy Policy.

When you use AI Features, your inputs and outputs may be sent to our AI providers for processing and may be used by TNH to operate, maintain, and improve the Service as described in our Privacy Policy. Do not share information via AI Features that you would not want us or our AI providers to process in this way.

AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI Features at your own risk. You should always use common sense and good judgment before acting on any AI-generated recommendation to make sure it is safe, secure, and appropriate for your skill level and medical circumstances.

AI-generated content — including training plans, coaching conversations, readiness assessments, and adventure recommendations — is designed for educational and entertainment purposes only and is not intended to be and shall not be construed as medical or professional advice of any nature.

TNH may log, review, and analyze AI-generated content and user interactions with AI Features to improve the Service and ensure safety. By using AI Features, you consent to this monitoring.

Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. Before you may access the AI coaching feature, you will be presented with in-app notices and acknowledgements regarding the medical and health limitations of the AI coach; you must review and complete those acknowledgements before the AI coaching feature will become available to you.

Your use of AI Features is also subject to any additional terms, use policies, or guidelines that we may present within the Service from time to time. If you do not agree to those additional terms, you must not use the AI Features.

THE SERVICE AND ANY CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TNH AND ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TNH MAKES NO WARRANTY THAT: (A) THE SERVICE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY CONTENT WILL BE ACCURATE OR RELIABLE; AND (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ANY ATHLETIC OR ADVENTURE ACTIVITIES DONE PURSUANT TO OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, FOLLOWING A TRAINING PLAN, READINESS RECOMMENDATION, OR AI COACHING SUGGESTION) IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM.

YOU EXPRESSLY AGREE THAT ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, ACTIVITY DATA, READINESS SCORES, PERFORMANCE METRICS, TRAINING PLANS, AI COACHING CONVERSATIONS, AND ADVENTURE RECOMMENDATIONS) SHARED VIA THE SERVICE OR ANY CONTENT, WHETHER PROVIDED BY US, BY THE AI COACH, OR BY OTHER USERS, IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE OF ANY NATURE. SUCH INFORMATION SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (B) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF THE SERVICE OR ANY CONTENT, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

YOU EXPRESSLY AGREE THAT TNH DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY ADVENTURE, RACE, CONTEST, CHALLENGE, EVENT, OR GROUP ACTIVITY THAT UTILIZES THE SERVICE OR IS REFERENCED ON THE SERVICE.

WITHOUT LIMITING THE FOREGOING, TNH DOES NOT WARRANT OR REPRESENT THAT ANY FITNESS OR HEALTH-RELATED INFORMATION, METRICS, OR RECOMMENDATIONS PROVIDED BY THE SERVICE (INCLUDING READINESS SCORES, TRAINING PLANS, OR AI-GENERATED COACHING) ARE SUITABLE FOR YOUR PARTICULAR HEALTH CONDITION, AGE, OR ABILITIES, OR THAT THEY COMPLY WITH ANY MEDICAL GUIDELINES OR STANDARDS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER TO FOLLOW ANY RECOMMENDATION OR PLAN AND FOR CONSULTING WITH A QUALIFIED HEALTHCARE PROFESSIONAL AS NEEDED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, SUCH WARRANTY WILL BE LIMITED TO THE SHORTEST PERIOD AND THE NARROWEST SCOPE PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO RELEASE TNH, ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC OR ADVENTURE ACTIVITIES AND/OR USE OF THE SERVICE AND ANY CONTENT, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SERVICE, THE CONTENT, ANY AI-GENERATED CONTENT, ANY USER-SUBMITTED CONTENT, OR ANY THIRD-PARTY PRODUCT, SERVICE, OR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF TNH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TNH'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF EITHER (A) FIFTY DOLLARS ($50), OR (B) THE AMOUNT OF FEES PAID BY YOU TO TNH IN THE 12 MONTHS PRIOR TO THE DATE OF THE CLAIM.

If you live in a jurisdiction that does not allow for certain disclaimers, limitations, or exclusions, some or all of the above may not apply to you. Solely to the extent that any of the above does not apply, all remaining disclaimers, exclusions, and limitations shall continue to apply.

Subject to the foregoing, nothing in these terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law. In such cases, the Released Parties' liability will be limited to the minimum extent permitted by applicable law.

You agree to indemnify and hold TNH and its owner, officers, employees, contractors, and affiliates harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of: Content you submit, post, or make available through the Service; your use of the Service; your athletic or adventure activities which generate the Content you post or seek to post on the Service; your connection to the Service; your violation of these Terms or other applicable laws; or your violation of any rights of another person or entity.

This indemnity applies to claims, damages, losses, liabilities, costs, and expenses arising out of or in connection with any of the foregoing and survives any termination of your account or these Terms.

TNH reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You must not settle any matter without our prior written consent if the settlement (a) imposes any obligation on TNH, (b) requires any admission of fault by TNH, or (c) does not include a complete release of the Released Parties.

All content, features, and functionality of the Service (excluding user Content) — including but not limited to text, graphics, logos, the readiness algorithm, training plan methodology, and software — are owned by TNH and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without written permission.

The term THENEXTHILL, the TheNextHill logo, and all other TheNextHill logos and product names are the exclusive trademarks of TNH. You may not use or display such trademarks without prior written permission.

You are prohibited from accessing any data on the Service that you are not expressly authorized to access. Automated access to or collection of data from the Service — by any means, including data mining, robots, screen scraping, scripts, or similar tools — is prohibited.

You may use the Service and any non-user Content solely for your personal, non-commercial use and only as permitted by these Terms and any applicable laws. Except for the limited rights expressly granted to you in these Terms, no rights, title, or interest in or to the Service or any content are transferred to you, and all rights not expressly granted are reserved by TNH and its licensors.

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant TNH a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Feedback for any purpose, including to improve and develop the Service, without any obligation to you.

You agree not to:

• use the Service for any unlawful purpose;
• attempt to gain unauthorized access to any part of the Service;
• interfere with or disrupt the Service;
• submit false or misleading Content;
• use the AI coaching feature to generate content that is harmful, abusive, or intended to circumvent safety guardrails;
• use automated tools to access or collect data from the Service;
• impersonate any person or entity;
• upload, post or transmit any Content that infringes or violates the intellectual property, privacy, publicity, or other rights of any person or entity;
• upload, post, or transmit any viruses, malware, or other harmful code, or otherwise attempt to interfere with the security or integrity of the Service or any user's data;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except to the limited extent that applicable law expressly permits, despite this limitation;
• use the Service to collect or harvest any personal information about other users without their consent, or in a way that violates our Privacy Policy; and
• use the Service in a way that attempts to bypass, interfere with, or undermine any content moderation, security, or safety features implemented by TNH or its providers.

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and share your information, including fitness data imported from Garmin® and other platforms.

By using the Service, you acknowledge that you have read our Privacy Policy and understand that we will process your information as described in the policy.

If there is any conflict between these Terms and the Privacy Policy with respect to how we collect, use, or share your information, the Privacy Policy will control to the extent of the conflict. These Terms will otherwise control with respect to your use of the Service and our respective rights and obligations.

Certain features, including third-party integrations and AI Features, involve additional data uses that are explained in the Privacy Policy. If you do not agree with the way we handle information, you must not use those features or the Service.

TNH may, under certain circumstances and without prior notice, suspend or terminate your account and/or access to the Service. Cause for such action includes but is not limited to: breaches of these Terms; requests by law enforcement; a request by you; discontinuance or material modification of the Service; unexpected technical or security issues; extended periods of inactivity; or nonpayment of fees.

Termination of your account may include removal of access, deletion of your information and Content, and barring further use of the Service. Sections relating to Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, Intellectual Property, and Governing Law survive termination.

You may terminate your account at any time by following any self-service tools we provide in the Service or by contacting us at hello@thenexthill.com. If you terminate your subscription, cancellation will take effect at the end of your current billing period, and you will not be entitled to a refund of any fees already paid, except as required by law or as expressly stated otherwise at the time of purchase.

Upon any termination of your account or these Terms, all rights and licenses granted to you under these Terms will immediately cease, and you must stop all use of the Service. Termination will not affect any rights or obligations that are intended to survive termination by their nature or as expressly stated, including those relating to fees owed, Ownership of Content, Disclaimer of Warranties, Limitations of Liability, Indemnification, Intellectual Property, Governing Law, and General.

These Terms are governed by the laws of the State of Idaho, without regard to conflict of law principles. Any action or legal proceedings arising out of or related to these Terms will be brought in the federal or state courts of Teton County, Idaho, and you consent to the exclusive jurisdiction of such courts.

You and TNH agree to submit to the personal jurisdiction of such courts and waive any objection based on inconvenient forum or lack of personal jurisdiction.

To the extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is permanently barred.

TNH reserves the right to update these Terms at any time. We will notify you in advance of any material changes. By continuing to access or use the Service after notification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service and delete your account.

We may provide notice of changes by posting the updated Terms on the Service, updating the "Effective" date above, sending an email to the address associated with your account, or by providing an in-app message or other reasonably prominent notice.

Not all changes will be "material." Your continued use of the Service after any change, whether material or not, will constitute your acceptance of the updated Terms, so you should review these Terms regularly.

No joint venture, partnership, employment, or agency relationship exists between you and TNH as a result of these Terms or your use of the Service. These Terms make up the entire agreement between you and TNH with respect to your use of the Service. If any provision is found invalid by a court, the remaining provisions remain in full force. You may not assign or transfer your rights under these Terms without prior written consent from TNH.

TNH may assign or transfer these Terms, in whole or in part, or any of its rights or obligations under these Terms, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Any failure by TNH to enforce any provision of these Terms is not a waiver of our right to do so later. A waiver of any provision will be effective only if in writing and signed by an authorized representative of TNH.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

Questions about these Terms: hello@thenexthill.com

You may also contact us by mail at any address that we list on the Service from time to time as our primary business address.

For questions specifically about how we handle your information or how to exercise rights described in our Privacy Policy, please contact us at privacy@thenexthill.com as described in the Privacy Policy.