Last Updated: 30 July 2025

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and APF Health and Fitness, doing business as NXTLVL Technologies ("NXTLVL," "we," "us," or "our"), concerning your access to and use of the www.nxtlvltechnologies.com.au website and application, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

1. CHANGES TO TERMS

We reserve the right to update or modify these Terms of Use at any time without prior notice. We will notify users of significant changes by updating the "Last Updated" date. It is your responsibility to review these Terms regularly.

2. DESCRIPTION OF THE SERVICE

NXTLVL Technologies is a white-labelled HighLevel software platform providing an all-in-one business growth system for personal trainers, gym owners, and online coaches. Built on a robust, enterprise-grade infrastructure, NXTLVL delivers the tools and automation needed to capture, convert, and retain more clients.

The NXTLVL software includes (but is not limited to):

- Unlimited contacts and users

- Funnel and website builder

- Lead capture and onboarding automation

- Done-for-you forms, pipelines, and workflows

- Appointment scheduling and online booking system

- Sales and conversion tracking tools

- Integrated calendar, email, and SMS marketing

- Social media scheduling

- Custom sales and onboarding journeys

- Community group support and engagement

- Course hosting and resource libraries

- Full access to NXTLVL templates (Accelerate or Elevate dependent)

- Use of the platform is contingent on the plan you are subscribed to, as outlined below.

3. NXTLVL PLANS

NXTLVL offers two membership tiers designed to meet different levels of business growth and support:

3.1 The Accelerate Program – $99 AUD/month

Designed for coaches and trainers ready to build a lead engine and automate client onboarding.

Inclusions:

- All tools to capture and close leads

- Unlimited contacts and users

- Complimentary access to the NXTLVL Launch Course

- Online booking, pipelines, websites, funnels, automations

- Industry-specific templates and tools:

- Done-for-you appointment types

- Plug-and-play sales and onboarding pipelines

- Automated client agreements

- Lead & onboarding workflows

- High-converting sales presentation

- Ready-to-use client-generating forms

3.2 The Elevate Program – $198 AUD/month

Built for coaches ready to scale and systemise, combining our software with exclusive coaching and resources.

Everything in Accelerate, plus:

- Full access to the NXTLVL Growth Hub

- Exclusive, success-driven community of high-performing coaches

- Short-form and long-form business training & skill accelerators

- Live seminars and expert webinars

- Group coaching and implementation sessions

- Pre-built scripts, templates, and frameworks

- Continuously expanding resource library for scale

4. USER ELIGIBILITY

The Site and platform are intended for users who are at least 18 years old. By using the Site, you warrant that you meet this requirement and will comply with all applicable laws.

5. INTELLECTUAL PROPERTY RIGHTS

All content on the Site and platform—including text, graphics, logos, templates, workflows, and code—is the property of NXTLVL or its licensors. It is protected by copyright, trademark, and intellectual property laws.
You are granted a limited, non-transferable, non-exclusive license to use the platform for your business operations. You may not copy, share, resell, or redistribute NXTLVL materials without express written consent.

6. USER CONDUCT

You agree not to:

- Use the platform for illegal or fraudulent purposes

- Disrupt, hack, or reverse engineer the platform

- Share login credentials or give unauthorised access to others

- Upload malicious code or content

- Violate another user's rights or engage in harassment

7. MEMBERSHIP, CANCELLATION, AND SUSPENSION

7.1 Membership Cancellation

To cancel your membership, you must submit a Membership Cancellation Form at least 7 days before the end of your billing cycle. If the form is submitted later, cancellation will occur at the end of the next billing cycle.
All account data is permanently deleted within 72 hours of cancellation.

7.2 Membership Suspension

You may pause your membership for $4.99 per week by submitting a Suspension Form at least 7 days prior to the next billing cycle. A start and end date must be provided. Suspension requests received outside this window will apply from the next cycle.

8. PAYMENT TERMS

- Memberships are billed on a recurring 28-day cycle.

- All payments are processed via credit/debit card and incur a 3.99% processing fee.

- Failed payments will be retried for 7 business days.

- If payment remains unsuccessful, your account may be suspended or force-closed.

- All disputes must be submitted in writing within 30 days of the invoice date.

Custom Projects:

- A 25% upfront payment is required before work begins.

- Progress is subject to milestone payments per the Custom Project Proposal Agreement.

9. PRIVACY POLICY

Use of the Site is governed by our Privacy Policy, which outlines how your data is collected, used, and protected.

10. LIMITATION OF LIABILITY

NXTLVL will not be liable for:

- Any indirect, incidental, or consequential damages

- Loss of income or business interruption

- Data loss or third-party claims
- Our total liability is limited to the amount paid to NXTLVL in the 1 month prior to the incident.

11. TERMINATION

We reserve the right to terminate or suspend your access for any breach of these Terms, without prior notice.

12. ACCOUNT TRANSFER & RETENTION FEES

12.1 Transfer to Another HighLevel Agency

If you wish to transfer your NXTLVL account to another HighLevel agency, a Transfer Fee of $99 AUD applies.
This fee must be paid before data migration occurs and will be processed within 3 business days.

12.2 Retention of HighLevel Account (Ejection Fee)

To exit NXTLVL but retain your HighLevel account, you must pay an Ejection Fee of $99 AUD.
This includes sub-account migration and removal of all NXTLVL templates, workflows, and content.
Once processed, your account will be transferred and your NXTLVL access terminated.

13. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be resolved via arbitration or through the courts of New South Wales.

14. CONTACT INFORMATION

If you have any questions regarding these Terms, please contact:

📧 [email protected]