Terms of Service
Next Surplus
Effective Date: July 1, 2026
Last Updated: July 1, 2026
These Terms of Service ("Terms") govern your access to and use of Next Surplus at app.nextsurplus.com (the "Service") operated by Moss Equity Partners, LLC, doing business as Next Surplus ("Next Surplus," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.
1. The Service
Next Surplus is a cloud based operations platform for surplus funds recovery firms. The Service provides lead management, case tracking, physical mail sending, email integration, document management, and related tools.
The Service is intended for use by businesses engaged in lawful surplus funds recovery operations. The Service is not intended for consumer use.
2. Accounts and Access
2.1 Eligibility
You must be at least 18 years old and authorized to act on behalf of a legally formed business entity to use the Service. By creating an account, you represent that you meet these requirements.
2.2 Account Registration
When you create an account, you create an organization ("Organization") within the Service. The person who creates the Organization is the initial administrator. You are responsible for maintaining the accuracy of your account information and the security of your login credentials.
2.3 Team Access
Organization administrators may invite additional users to their Organization. Each invited user must create their own account. The Organization administrator is responsible for managing team member access and permissions.
2.4 Account Security
You are responsible for all activity that occurs under your account. You must immediately notify us at support@nextsurplus.com if you become aware of any unauthorized access to your account.
3. Subscription and Billing
3.1 Pricing
The Service is offered at a flat rate of $69 per month per Organization, billed monthly. This includes unlimited users within the Organization. Pricing is subject to change with 30 days written notice to active subscribers.
3.2 Payment Processing
Payments are processed by Stripe, Inc. By subscribing, you agree to Stripe's terms of service. You authorize us to charge your payment method on file for the monthly subscription fee and any applicable metered usage charges.
3.3 Metered Billing for Physical Mail
Physical mail sent through the Service (letters and checks) is billed as metered usage at cost plus a 20% service fee. Metered charges accumulate during each billing period and appear as a separate line item on your monthly invoice. You can view your metered charges in the Stripe Customer Portal.
3.4 Failed Payments
If a payment fails, we will attempt to charge your payment method up to three additional times over seven days. During this seven day grace period, you retain full access to the Service. After seven days of failed payment, your account enters a restricted state where you may view your data but cannot perform write actions (editing leads, sending mail, importing data). To restore full access, update your payment method through the Stripe Customer Portal.
3.5 Cancellation
You may cancel your subscription at any time through the Stripe Customer Portal accessible from Settings > Billing in the Service. Upon cancellation:
- Your subscription remains active until the end of the current billing period
- After the billing period ends, your account enters read only mode for 30 days
- After 30 days of read only access, your account and all associated data are deleted unless you resubscribe
We do not offer prorated refunds for partial months.
3.6 Price Changes
We may change pricing with at least 30 days notice via email to the account administrator. Price changes take effect at the start of the next billing cycle following the notice period. If you do not agree to a price change, you may cancel before it takes effect.
4. Your Data
4.1 Ownership
You retain full ownership of all data you enter into the Service ("Your Data"), including lead records, case notes, documents, templates, and email content. We claim no ownership rights over Your Data.
4.2 License to Operate
By using the Service, you grant us a limited, non exclusive license to store, process, display, and transmit Your Data solely to provide the Service to you. This license terminates when you delete your account.
4.3 Data Portability
You may export Your Data at any time using the export features within the Service. We will not hold your data hostage if you choose to leave.
4.4 Data Isolation
The Service uses a multi tenant architecture with row level security. Your Data is logically isolated from other Organizations. No other Organization can access Your Data through the Service.
4.5 Backups
We maintain regular backups of the Service database. Backups are encrypted and retained for disaster recovery purposes. We do not guarantee restoration of individual records from backups.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service for any activity that violates federal, state, or local law, including but not limited to consumer protection laws, telemarketing regulations, and fair debt collection practices
- Upload or transmit malicious code, viruses, or harmful data
- Attempt to access another Organization's data or another user's account
- Circumvent or interfere with the Service's security features, including row level security policies
- Use the Service to send unsolicited bulk mail or spam through the physical mail or email features
- Reverse engineer, decompile, or disassemble any portion of the Service
- Resell, sublicense, or redistribute access to the Service without our written permission
- Use the Service to harass, threaten, or defraud any person
- Misrepresent your identity or the nature of your business when using the Service
We reserve the right to suspend or terminate accounts that violate these terms. For material violations, we will provide notice and an opportunity to cure before termination, except where immediate suspension is necessary to prevent harm or comply with law.
6. Physical Mail
6.1 Your Responsibility
When you send physical mail (letters or checks) through the Service, you are the sender. We provide the technology platform; you are responsible for the content, accuracy, and legal compliance of every piece of mail you send.
6.2 Check Sending
Checks sent through the Service are drawn from your verified bank account. You are responsible for ensuring sufficient funds are available. Next Surplus is not liable for bounced checks, incorrect amounts, or mailing to wrong addresses. You bear all risk of loss related to checks you send.
6.3 USPS Compliance
All mail sent through the Service is delivered via USPS. You are responsible for complying with all applicable USPS regulations, including address formatting and prohibited content rules.
7. Email (Gmail Integration)
7.1 Google Account Connection
The Service allows you to connect your Google Gmail account to sync and send email. Connecting your Gmail account is optional. When you connect, you authorize us to access your Gmail account through Google's OAuth system with the permissions described in our Privacy Policy.
7.2 Your Responsibility
Emails you send through the Service are sent from your Gmail account. You are the sender and are responsible for the content and legal compliance of all emails you send, including CAN SPAM Act compliance.
7.3 Disconnecting
You may disconnect your Gmail account at any time through Settings. Disconnecting stops email syncing and deletes cached email data from the Service.
8. Intellectual Property
8.1 Our Property
The Service, including its design, code, features, documentation, and branding, is owned by Moss Equity Partners, LLC (d/b/a Next Surplus) and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as a subscriber.
8.2 Feedback
If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, non exclusive license to use that feedback for any purpose without compensation.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error free, or free of harmful components. We do not warrant the accuracy, reliability, or completeness of any information provided through the Service.
The Service is a business tool, not a legal or financial advisory service. We do not provide legal, financial, or tax advice. You are solely responsible for ensuring your use of the Service complies with applicable laws and regulations governing surplus funds recovery in your jurisdiction.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSS EQUITY PARTNERS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
These limitations apply even if we have been advised of the possibility of such damages and even if a remedy fails its essential purpose.
11. Indemnification
You agree to indemnify, defend, and hold harmless Moss Equity Partners, LLC (d/b/a Next Surplus), its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any law or regulation
- The content of mail or email you send through the Service
- Any dispute between you and a property owner, county, or other party related to surplus funds recovery
12. Modifications to the Service
We may modify, update, or discontinue features of the Service at any time. For material changes that reduce functionality you are currently using, we will provide at least 30 days notice. We are not liable for any modification, suspension, or discontinuation of the Service.
13. Modifications to These Terms
We may update these Terms from time to time. We will notify you of material changes via email to the account administrator at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to updated Terms, you may cancel your subscription.
14. Termination
14.1 By You
You may terminate your account at any time by cancelling your subscription and requesting account deletion at support@nextsurplus.com.
14.2 By Us
We may suspend or terminate your account if you violate these Terms, fail to pay subscription fees after the grace period, or if we are required to do so by law. Except for violations requiring immediate action, we will provide 14 days notice before termination and an opportunity to export your data.
14.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately (or at end of billing period for cancellations). We will retain your data for 30 days to allow for export, after which it is permanently deleted per our Privacy Policy.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of South Carolina without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in South Carolina. You consent to personal jurisdiction in those courts.
16. General
- Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Next Surplus regarding the Service.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- Waiver. Our failure to enforce any provision does not constitute a waiver of that provision.
- Assignment. You may not assign your rights under these Terms. We may assign our rights in connection with a merger, acquisition, or sale of assets with notice to you.
- Force Majeure. We are not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, internet outages, or government actions.
17. Contact Us
If you have questions about these Terms:
Moss Equity Partners, LLC (d/b/a Next Surplus)
Email: support@nextsurplus.com
Website: https://nextsurplus.com