Legal

Terms of Service & Applicant Agreement

Effective Date: March 20, 2026 · Last Updated: March 20, 2026

Welcome to Nexta Talent ("Platform"), an online hiring and talent evaluation platform operated by Nexta Online, a division of Mover Marketing AI LLC ("Company," "we," "us," or "our"), accessible at applynexta.online. These Terms of Service and Applicant Agreement ("Terms") govern your access to and use of the Platform, including all associated services, features, content, and functionality.

By accessing or using the Platform, creating an account, submitting an application, or participating in any evaluation process, you ("Applicant," "Contractor," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

1. Definitions

1.1. "Application" means any submission of personal information, professional credentials, work samples, assessment responses, or other materials through the Platform for the purpose of being evaluated for a potential engagement.

1.2. "Assessment" means any test, task, evaluation, questionnaire, or exercise administered through the Platform as part of the evaluation process.

1.3. "Engagement" means any independent contractor arrangement that may result from the evaluation process conducted through the Platform.

1.4. "Submission Materials" means all content, materials, work product, ideas, responses, code, text, designs, and other intellectual property submitted by you through or in connection with the Platform.

1.5. "Company" means Mover Marketing AI LLC, its parent companies, subsidiaries, affiliates, divisions (including Nexta Online), successors, and assigns, together with their respective officers, directors, employees, agents, and representatives.

1.6. "Confidential Information" means all non-public information disclosed by the Company to you, whether orally, in writing, or by any other means, including but not limited to business strategies, client information, proprietary processes, assessment criteria, evaluation methodologies, pricing, technology, and trade secrets.

2. Independent Contractor Relationship

2.1. No Employment Relationship. You expressly acknowledge and agree that your use of the Platform and any Engagement resulting from the evaluation process is as an independent contractor and not as an employee, partner, joint venturer, agent, or representative of the Company. Nothing in these Terms, in any Application, in any Assessment, or in any communication through the Platform shall be construed to create an employment relationship, partnership, joint venture, or agency relationship between you and the Company.

2.2. Separate Employment Agreement Required. No employment relationship exists or shall be deemed to exist between you and the Company unless explicitly offered in a separate, written employment agreement signed by an authorized representative of the Company and by you. The use of the Platform alone does not create, and shall not be interpreted to create, any employment relationship.

2.3. Contractor Responsibilities. As an independent contractor, you are solely responsible for: (a) all federal, state, and local taxes, including income taxes, self-employment taxes, and any other applicable taxes or contributions; (b) obtaining and maintaining any insurance, including health, disability, liability, and workers' compensation insurance; (c) providing your own equipment, tools, software, and workspace necessary to perform any work; (d) all costs associated with your business operations; and (e) compliance with all applicable laws and regulations governing your work as an independent contractor.

2.4. No Guarantees. The Company makes no guarantee of work, hours, minimum compensation, or Engagement of any kind. Your use of the Platform is for evaluation purposes only and does not constitute a commitment by the Company to hire, engage, or provide any work opportunity to you. The Company retains sole and absolute discretion in all hiring and engagement decisions.

2.5. No Benefits. You acknowledge that you are not entitled to any employee benefits, including but not limited to health insurance, retirement plans, paid time off, workers' compensation, unemployment insurance, or any other benefits typically provided to employees.

3. Eligibility and Account Requirements

3.1. Age Requirement. You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2. Accuracy of Information. You agree to provide accurate, current, and complete information in your Application and at all times during any Engagement. You agree to promptly update your information to maintain its accuracy. Providing false, misleading, or incomplete information constitutes a material breach of these Terms and may result in immediate termination of your access and Application.

3.3. Legal Authorization. You represent and warrant that you are legally authorized to work in your jurisdiction and that your use of the Platform and participation in any Engagement does not violate any applicable law, regulation, contract, or obligation to any third party.

3.4. Compliance with Laws. You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Platform and any Engagement.

4. Intellectual Property

4.1. Assignment of Submission Materials. You hereby irrevocably assign to the Company all right, title, and interest in and to all Submission Materials, including all work product, ideas, concepts, inventions, improvements, designs, code, text, graphics, and other materials submitted during the application and evaluation process, including but not limited to assessment responses, test task deliverables, portfolio samples created specifically for evaluation, and any other materials created in connection with or submitted through the Platform. This assignment includes all intellectual property rights therein, including all copyrights, patent rights, trademark rights, trade secret rights, and all other proprietary rights, in perpetuity and throughout the world.

4.2. Work Product During Engagement. In the event of an Engagement, all work product, inventions, discoveries, improvements, designs, code, documentation, and other materials created by you in connection with or arising out of the Engagement (collectively, "Work Product") shall be the sole and exclusive property of the Company. You hereby assign to the Company all right, title, and interest in and to all Work Product, including all intellectual property rights therein, in perpetuity and throughout the world. You agree to execute any documents and take any actions reasonably requested by the Company to evidence, perfect, or record such assignment.

4.3. Pre-Existing Intellectual Property. Intellectual property that you owned prior to your use of the Platform or any Engagement ("Pre-Existing IP") shall remain your property. However, to the extent that you incorporate any Pre-Existing IP into any Submission Materials or Work Product, you hereby grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, distribute, display, perform, and create derivative works from such Pre-Existing IP in connection with the Company's business operations and for evaluation purposes.

4.4. Moral Rights Waiver. To the fullest extent permitted by applicable law, you irrevocably waive and agree not to assert any moral rights, rights of attribution, rights of integrity, or other similar rights you may have in any Submission Materials or Work Product, regardless of whether such materials are altered, modified, or used in a manner you may find objectionable.

4.5. Representations Regarding Submissions. You represent and warrant that: (a) you are the sole author and owner of all Submission Materials or have obtained all necessary rights and permissions to submit such materials; (b) your Submission Materials do not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party; and (c) your Submission Materials do not violate any applicable law or regulation.

5. Confidentiality and Non-Disclosure

5.1. Confidentiality Obligation. You agree to maintain in strict confidence all Confidential Information and to not disclose, publish, or otherwise reveal any Confidential Information to any third party without the prior written consent of the Company. You agree to use the Confidential Information solely for the purpose of participating in the evaluation process and, if applicable, performing work under an Engagement.

5.2. Assessment Confidentiality. You acknowledge that all Assessments, including their content, format, questions, tasks, evaluation criteria, and scoring methodologies, constitute Confidential Information. You agree not to reproduce, share, post, publish, or otherwise disclose any Assessment content or your responses thereto, whether in whole or in part, to any person or entity.

5.3. Process Confidentiality. You agree not to disclose the nature, content, or details of the Company's internal hiring processes, evaluation criteria, pipeline stages, communication methodologies, or decision-making procedures to any third party.

5.4. Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of your own; (b) was known to you prior to disclosure by the Company, as evidenced by written records; (c) is independently developed by you without use of or reference to the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that you give the Company prompt written notice of such requirement and cooperate with the Company in seeking a protective order or other appropriate remedy.

5.5. Survival. Your obligations under this Section 5 shall survive the termination or expiration of these Terms, the withdrawal or rejection of any Application, and the termination of any Engagement, and shall continue in perpetuity or for the maximum duration permitted by applicable law.

6. Data and Privacy

6.1. Privacy Policy. Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understood the Privacy Policy.

6.2. Consent to Data Processing. By using the Platform and submitting an Application, you consent to the collection, processing, storage, and use of your personal data as described in the Privacy Policy, including the transfer of your data to the United States and other jurisdictions as necessary for the operation of the Platform and evaluation of your Application.

6.3. Automated Decision-Making. You acknowledge and consent to the use of automated tools, algorithms, and decision-making processes in the evaluation of your Application and Assessment responses. While automated tools may be used to assist in the evaluation process, the Company retains human oversight over material decisions affecting your Application.

7. Platform Use and Conduct

7.1. Permitted Use. The Platform is provided solely for the purpose of applying for potential Engagements with the Company, completing Assessments, and communicating with the Company regarding your Application. You agree not to use the Platform for any other purpose.

7.2. Prohibited Conduct. You agree not to:

  1. Submit false, misleading, or fraudulent information in any Application or Assessment;
  2. Use any automated tools, bots, scripts, or other means to access the Platform or complete Assessments, unless expressly permitted;
  3. Attempt to circumvent, disable, or interfere with any security features of the Platform;
  4. Impersonate any person or entity, or misrepresent your qualifications, identity, or affiliation;
  5. Submit materials that contain viruses, malware, or other harmful code;
  6. Interfere with or disrupt the Platform or the servers and networks connected to the Platform;
  7. Harvest, collect, or scrape any information from the Platform without authorization;
  8. Use the Platform in violation of any applicable law or regulation; or
  9. Assist or enable any third party in engaging in any of the foregoing activities.

8. Limitation of Liability

8.1. Disclaimer of Warranties. THE PLATFORM IS 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, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2. Limitation of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3. Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.4. No Liability for Decisions. The Company shall have no liability for any decisions made regarding your Application, including any decision not to engage you, regardless of the reason for such decision. The Company shall have no liability for any lost opportunities, lost potential earnings, or any other damages arising from the evaluation process or the outcome thereof.

8.5. Essential Basis. You acknowledge that the limitations of liability set forth in this Section 8 are an essential basis of the bargain between the parties and that the Company would not provide the Platform without these limitations.

9. Indemnification

9.1. Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  1. Any misrepresentation, inaccuracy, or fraud in your Application or any information provided by you through the Platform;
  2. Any infringement, misappropriation, or violation of any intellectual property rights, privacy rights, or other rights of any third party by your Submission Materials or your conduct;
  3. Your breach of any provision of these Terms;
  4. Your violation of any applicable law, rule, or regulation;
  5. Any claim by any governmental authority or third party relating to your tax obligations, employment classification, or the characterization of your relationship with the Company; and
  6. Any dispute between you and any third party arising from your use of the Platform.

9.2. Indemnification Procedure. The Company will provide you with prompt written notice of any claim subject to indemnification, provided that the failure to provide such notice shall not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such failure. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with the Company in asserting any available defenses.

10. Dispute Resolution

10.1. Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at legal@applynexta.online and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most disputes can be resolved informally, and the parties agree to make a good-faith effort to do so.

10.2. Mandatory Binding Arbitration. If a dispute cannot be resolved informally within the thirty (30) day period set forth in Section 10.1, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, your Application, or any Engagement (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except for qualifying disputes that may be brought in small claims court as provided in Section 10.5.

10.3. Arbitration Rules and Venue. Arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, or, for claims under $250,000, the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator with expertise in technology or contract law. The arbitration shall take place in Wilmington, Delaware, or, at your election, may be conducted remotely via videoconference. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.4. Class Action and Jury Trial Waiver. YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.

10.5. Small Claims Court Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes that are within the jurisdictional limits of the applicable small claims court, provided that such action is brought and maintained on an individual basis and does not involve any form of class, consolidated, or representative proceeding.

10.6. Costs. Each party shall bear its own costs and attorneys' fees in any arbitration or other dispute resolution proceeding, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party. Filing fees and arbitrator compensation shall be allocated in accordance with the applicable JAMS rules.

11. Termination

11.1. Termination by Company. The Company may terminate, suspend, or restrict your access to the Platform and reject or withdraw any Application at any time, for any reason or no reason, with or without notice, at its sole discretion. The Company shall not be liable to you or any third party for any termination or suspension of your access.

11.2. Withdrawal by Applicant. You may withdraw your Application and discontinue your use of the Platform at any time by contacting the Company at support@applynexta.online.

11.3. Surviving Provisions. The following provisions shall survive the termination or expiration of these Terms: Sections 2 (Independent Contractor Relationship), 4 (Intellectual Property), 5 (Confidentiality and Non-Disclosure), 8 (Limitation of Liability), 9 (Indemnification), 10 (Dispute Resolution), 12 (Governing Law), and any other provisions that by their nature are intended to survive.

12. Governing Law

12.1. Applicable Law. These Terms and any Disputes arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

12.2. Jurisdiction. Subject to the arbitration provisions of Section 10, any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction and venue of such courts.

13. General Provisions

13.1. Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, relating to such subject matter.

13.2. Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect. If such modification is not possible, the offending provision shall be severed and the remaining provisions shall be enforced.

13.3. Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.

13.4. Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you. Any attempted assignment in violation of this Section shall be null and void.

13.5. Force Majeure. The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or other force majeure events.

13.6. Electronic Communications. By using the Platform, you consent to receiving electronic communications from the Company, including emails, platform notifications, and other electronic messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

13.7. Electronic Acceptance. You acknowledge and agree that by clicking "I Agree," "Submit," or any similar button, or by accessing or using the Platform, you are providing your electronic signature and entering into a legally binding agreement. Your electronic acceptance has the same legal force and effect as a handwritten signature.

13.8. Modifications to Terms. The Company reserves the right to modify these Terms at any time. If the Company makes material changes to these Terms, it will provide notice through the Platform or by other reasonable means. Your continued use of the Platform following any such modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Platform.

13.9. Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

13.10. Relationship of Parties. Nothing in these Terms shall be construed to create any relationship of employment, agency, partnership, or joint venture between you and the Company. You have no authority to bind the Company or make any representations on behalf of the Company.

13.11. Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

13.12. No Advice. Nothing in these Terms or on the Platform constitutes legal, financial, tax, or professional advice. You should consult your own professional advisors regarding your specific situation.

14. Contact Information

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

Nexta Online
Email: legal@applynexta.online
Platform: applynexta.online