NextPour Terms of Service
Last Updated: September 2026
These Terms of Service ("Terms") govern access to and use of the NextPour website, platform, lead services, account tools, communications, and related services (collectively, the "Services").
NextPour is owned and operated by Swamped LLC. References to "NextPour," "Swamped," "we," "us," or "our" include Swamped LLC, NextPour, and their applicable affiliates, owners, officers, employees, agents, successors, and assigns.
By creating an account, accessing or using the Services, funding an account, receiving a lead, or otherwise using NextPour, you agree to these Terms on behalf of yourself and the business or organization you represent.
If you do not agree to these Terms, do not use NextPour.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 25 CAREFULLY.
1. Who May Use NextPour
NextPour is intended for businesses and individuals acting on behalf of businesses.
You must:
Be at least 18 years old
Be legally capable of entering into a binding agreement
Have authority to bind the business or organization you represent
Use NextPour only for lawful business purposes
If you create or use an account on behalf of a company, you represent and warrant that you have authority to bind that company to these Terms.
The business associated with the account is responsible for all activity conducted through the account by its owners, employees, contractors, representatives, or other authorized users.
2. What NextPour Does
NextPour provides lead-generation, lead-matching, lead-delivery, account-management, and related services for concrete contractors and other approved businesses.
NextPour helps connect contractors with homeowners or other prospective customers who have expressed interest in concrete-related services.
NextPour:
Is not a concrete contractor
Does not perform concrete work
Is not the homeowner's agent
Is not the contractor's agent
Is not a party to any contract between a contractor and homeowner
Does not control how a contractor performs work
Does not guarantee any agreement between a contractor and homeowner
Any agreement for concrete work is directly between the contractor and the homeowner.
3. Contractors Are Independent Businesses
Contractors using NextPour are independent businesses.
Nothing in these Terms creates an employment, partnership, franchise, joint venture, agency, fiduciary, or similar relationship between NextPour and any contractor.
Contractors are responsible for their own:
Employees and subcontractors
Equipment
Vehicles
Insurance
Licensing
Taxes
Business expenses
Work methods
Scheduling
Pricing
Estimates
Contracts
Customer relationships
Performance of services
NextPour does not supervise or control a contractor's work.
4. Contractor Representations and Responsibilities
By using NextPour, you represent and warrant that you and anyone performing work on behalf of your business:
Are qualified and competent to perform the services you offer
Maintain all licenses, registrations, certifications, permits, bonds, and insurance required by applicable law
Will comply with all federal, state, and local laws and regulations applicable to your business
Will provide truthful and accurate information to NextPour and prospective customers
Will perform contracted work in a lawful and professional manner
Will comply with applicable consumer-protection, privacy, advertising, telemarketing, and communications laws
Will comply with any obligations applicable to your employees, subcontractors, or other workers
NextPour Does Not Verify Contractor Qualifications
NextPour may request, review, or verify certain contractor information, but we are not required to do so.
NextPour does not guarantee that any contractor is properly licensed, insured, bonded, registered, qualified, financially responsible, safe, or otherwise suitable.
The contractor remains solely responsible for maintaining all legally required qualifications.
Any verification performed by NextPour does not shift responsibility from the contractor to NextPour.
5. Accounts and Account Security
You are responsible for maintaining accurate account information.
Only owners, employees, contractors, agents, or other individuals authorized by the account owner may use the account.
You are responsible for:
Protecting login credentials
Controlling account access
Keeping contact information current
Keeping billing information current
All actions taken through your account
Actions taken by anyone you authorize to access the account
You must promptly notify NextPour if you believe your account has been compromised or used without authorization.
6. Lead Delivery
NextPour may deliver leads based on factors including:
Service area
Project preferences
Lead preferences
Available budget
Account balance
Lead volume settings
Market demand
Project type
Project location
Other account or routing settings
Lead availability is not guaranteed.
The number and type of leads available may vary substantially by geography, season, consumer demand, project type, advertising activity, market conditions, and other factors outside NextPour's control.
7. Shared Leads
Unless a lead is specifically identified as exclusive, leads should be considered shared leads.
Under NextPour's current shared-lead model, a lead may be distributed by NextPour to up to three contractors total.
However:
A homeowner may independently contact additional contractors
NextPour cannot control who else a homeowner contacts
NextPour does not guarantee the number of contractors competing for a project
NextPour may modify its lead-distribution models, products, or policies from time to time
If NextPour offers exclusive leads or other lead types in the future, additional terms or pricing may apply.
8. No Guarantee of Results
Purchasing or receiving a lead does not guarantee:
The homeowner will answer
The homeowner will return a call
The homeowner will respond to a message
The homeowner will schedule an estimate
The homeowner will attend an estimate
The contractor will receive an opportunity to bid
The contractor will win the project
The homeowner will proceed with the project
Any particular project value
Any particular close rate
Any revenue
Any profit
Any return on investment
Contractors are solely responsible for their own sales process, response time, estimating, pricing, follow-up, customer service, and closing performance.
NextPour provides lead opportunities, not guaranteed customers or jobs.
9. Lead Information
Lead information may include homeowner or prospective-customer information such as:
Name
Phone number
Email address
Project location
ZIP code
Project type
Project size
Timeline
Project description
Other information submitted in connection with a project request
Lead information is provided for the limited purpose of allowing the contractor to respond to the submitted project request and reasonably follow up concerning that project.
10. Permitted Use of Lead Information
You may use lead information only for legitimate purposes directly related to the project or service request for which the information was provided.
You may not:
Sell or resell lead information
Trade lead information
Provide leads to data brokers
Publish lead information
Upload lead information into unrelated marketing databases
Use lead information for unrelated mass marketing
Use lead information to promote unrelated products or services
Harass or repeatedly contact individuals who have asked you to stop
Send unlawful automated calls or text messages
Share lead information outside your organization except as reasonably necessary to respond to or perform work for the submitted project
Use lead information for fraud, identity theft, or any unlawful purpose
You are responsible for protecting the personal information contained in leads.
11. Communications Compliance
You are solely responsible for ensuring that calls, texts, emails, automated communications, and other outreach made by you or on your behalf comply with applicable law.
This may include, where applicable:
Telephone Consumer Protection Act requirements
Do Not Call requirements
State telemarketing laws
SMS and messaging requirements
Carrier requirements
Email marketing laws
Privacy laws
Consent requirements
Opt-out requirements
You must honor applicable requests to stop contacting a homeowner.
NextPour's delivery of a lead does not constitute legal advice regarding your ability to use any particular communication method.
You are responsible for determining how and when you may lawfully contact each lead.
12. Pricing
Lead prices may vary based on factors including:
Market
Project type
Project size
Lead type
Lead demand
Account funding
Promotions
Other factors
Current pricing may be displayed on the website, inside your account, during onboarding, or through other NextPour communications.
NextPour may change pricing prospectively at any time.
Unless otherwise expressly stated, the price displayed or communicated for a lead at the time the lead is delivered will govern that lead.
Continued use of NextPour after a pricing change constitutes acceptance of the new pricing for future leads.
13. Wallet Funding and Charges
NextPour may require contractors to maintain funds in an account balance or wallet before receiving leads.
When a lead is delivered, the applicable charge may be deducted from your available balance.
You authorize NextPour and its payment providers to process charges associated with:
Account funding
Lead delivery
Automatic reloads you enable
Other purchases or services you authorize
NextPour may establish or change:
Minimum funding amounts
Reload amounts
Balance requirements
Payment methods
Funding options
from time to time.
14. Unused Account Balances
If you voluntarily close your account while it is in good standing, you may request a refund of eligible unused cash funds remaining in your account.
NextPour may deduct or offset:
Outstanding lead charges
Payment-processing costs that are not recoverable
Chargebacks
Returned payments
Taxes
Amounts you owe NextPour
Losses caused by fraud or misuse
Other amounts permitted by law
Promotional credits, bonus credits, referral credits, complimentary balances, discounts, or similar non-cash benefits are not redeemable or refundable for cash unless expressly stated otherwise.
If an account is suspended or terminated for fraud, abusive activity, chargebacks, misuse of lead information, violation of these Terms, or other conduct that causes or is reasonably likely to cause loss or legal risk to NextPour, NextPour may withhold funds to the extent reasonably necessary to satisfy amounts owed, losses, chargebacks, damages, or other obligations, subject to applicable law.
15. Lead Credits and Disputes
Lead credits, invalid-lead claims, dispute eligibility, submission requirements, review procedures, and related matters are governed by the separate NextPour Refund & Credit Policy, which is incorporated into these Terms by reference.
Receiving a lead that does not result in a sale does not, by itself, make the lead invalid.
16. Promotions, Discounts, and Credits
NextPour may offer:
Promotional pricing
Funding bonuses
Referral credits
Discounted lead pricing
Promotional balances
Trial offers
Other incentives
Each promotion may be subject to additional terms.
Unless expressly stated otherwise, promotional credits and benefits:
Have no cash value
Are not transferable
Are not refundable
May expire
May be revoked in the event of fraud, abuse, account closure, or violation of applicable promotional terms
NextPour may modify or discontinue promotions at any time.
17. Prohibited Conduct
You may not use NextPour to:
Commit fraud
Submit false information
Create misleading accounts
Manipulate the lead-credit or dispute process
Resell or redistribute leads without authorization
Scrape, harvest, copy, or systematically extract platform information
Access another user's account without permission
Circumvent security features
Interfere with the operation of the Services
Introduce malicious code
Reverse engineer or attempt to derive source code
Use automated systems in a manner not authorized by NextPour
Misuse homeowner information
Harass homeowners
Engage in discriminatory or unlawful conduct
Violate privacy or communications laws
Infringe intellectual-property rights
Use the Services in any way that exposes NextPour, Swamped LLC, homeowners, or others to unreasonable legal, reputational, financial, or safety risk
18. Suspension and Termination
NextPour may restrict, pause, suspend, or terminate an account, lead delivery, access to the Services, or any feature at any time when we reasonably determine that action is appropriate.
Reasons may include:
Nonpayment
Failed payments
Chargebacks
Suspected fraud
Abuse of the credit or dispute process
Misuse of homeowner information
Complaints from homeowners
Poor or unsafe conduct
Misrepresentation
Violations of these Terms
Violations of law
Licensing or insurance concerns
Security concerns
Reputational risk
Legal or regulatory risk
Conduct inconsistent with NextPour's internal quality or compliance standards
Any other activity we reasonably determine could harm NextPour, Swamped LLC, homeowners, other contractors, or third parties
NextPour is not required to continue doing business with any contractor.
Where permitted by law, suspension or termination may occur immediately and without advance notice.
Termination does not eliminate obligations that arose before termination.
19. Disputes Between Contractors and Homeowners
NextPour is not a party to agreements between contractors and homeowners.
NextPour is not responsible for:
Estimates
Contracts
Deposits
Payments between contractors and homeowners
Workmanship
Materials
Delays
Property damage
Injuries
Warranty claims
Code compliance
Permits
Customer dissatisfaction
Contractor performance
Homeowner conduct
Project disputes
You are responsible for resolving your own disputes with homeowners.
NextPour has no obligation to mediate, arbitrate, investigate, settle, reimburse, or otherwise become involved in a contractor-homeowner dispute.
NextPour may, in its sole discretion, review complaints or take action concerning an account without assuming responsibility for the underlying dispute.
20. Platform Availability and Changes
NextPour may change, add, remove, suspend, or discontinue any part of the Services at any time.
We do not guarantee that:
The platform will always be available
The platform will operate without interruption
The Services will be error-free
Every feature will remain available
Every integration will continue functioning
Any particular volume of leads will be available
Any defect will be corrected within a specific period
Maintenance, technical issues, third-party outages, market conditions, or other circumstances may affect availability.
21. Intellectual Property
The NextPour website, platform, software, branding, logos, graphics, designs, text, databases, technology, workflows, and other proprietary materials are owned by or licensed to Swamped LLC and are protected by applicable intellectual-property laws.
Subject to these Terms, NextPour grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
You may not copy, reproduce, modify, distribute, sublicense, sell, reverse engineer, commercially exploit, or create derivative works from NextPour's proprietary materials except with written permission.
All rights not expressly granted are reserved.
22. Third-Party Services
NextPour may rely on third-party providers for services including:
Payment processing
Lead distribution
Communications
SMS
Phone systems
Hosting
Cloud infrastructure
Customer relationship management
Analytics
Advertising
Security
Data storage
Software integrations
NextPour is not responsible for the independent acts, omissions, outages, errors, policies, or security practices of third-party providers.
Your use of certain third-party services may also be subject to their terms and policies.
23. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, PLATFORM, LEADS, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
NEXTPOUR AND SWAMPED LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUALITY, AVAILABILITY, AND RESULTS.
Without limiting the foregoing, NextPour does not warrant or guarantee:
The identity of any lead
The intentions of any homeowner
The accuracy of all homeowner-provided information
The financial ability of any homeowner
That any homeowner will respond
That any project will proceed
That any lead will become a sale
Any close rate
Any revenue
Any profit
Any return on investment
Any particular lead volume
Continuous or uninterrupted platform availability
You use NextPour at your own business risk.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTPOUR, SWAMPED LLC, AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOST OPPORTUNITIES, OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO NEXTPOUR, THE SERVICES, ANY LEAD, OR THESE TERMS.
To the maximum extent permitted by law, the aggregate liability of the NextPour parties for all claims arising out of or relating to the Services or these Terms will not exceed the total amount actually paid by you to NextPour during the six months immediately preceding the event giving rise to the claim.
The limitations in this section apply regardless of the legal theory asserted and even if NextPour was advised of the possibility of damages.
Some jurisdictions do not permit certain exclusions or limitations, in which case those limitations apply only to the maximum extent permitted by law.
25. Arbitration, Jury Trial Waiver, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except where prohibited by law, you and Swamped LLC agree that disputes arising out of or relating to:
These Terms
NextPour
The Services
Lead purchases
Payments
Communications
Your account
The Privacy Policy
The Refund & Credit Policy
Any prior version of these Terms
The relationship between you and NextPour
will be resolved through binding individual arbitration, rather than in court.
A. Federal Arbitration Act
This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act.
B. Informal Resolution First
Before initiating arbitration, the complaining party must provide written notice describing:
The party's name and contact information
The account involved
The facts giving rise to the dispute
The legal or contractual basis of the claim, if known
The relief requested
Notices to NextPour must be sent to:
The parties agree to attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice before commencing arbitration.
C. Binding Individual Arbitration
If the dispute is not resolved informally, either party may submit the dispute to confidential binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules, as modified by these Terms.
Unless the parties agree otherwise, arbitration may be conducted remotely by telephone, video conference, written submissions, or another method permitted by the arbitrator.
The arbitrator may award any individual relief available under applicable law, subject to the limitations contained in these Terms.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
D. Individual Claims Only
YOU AND NEXTPOUR AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Neither party may participate as a plaintiff, claimant, class member, private attorney general, or representative in any purported:
Class action
Collective action
Consolidated action
Representative action
except where applicable law makes such waiver unenforceable.
E. Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND NEXTPOUR WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE COVERED BY THIS AGREEMENT.
F. Small Claims
Either party may bring an individual claim in an eligible small-claims court instead of arbitration if the claim qualifies for that court's jurisdiction.
G. Intellectual Property and Emergency Relief
Either party may seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, personal information, account security, or against unauthorized use or misuse of the Services while arbitration is pending.
H. Arbitration Opt-Out
You may opt out of this arbitration agreement by emailing:
within 30 days of first accepting these Terms.
Your email must:
Identify your business and account
State that you are opting out of the arbitration provision
Be sent from an email address associated with your account
Opting out of arbitration does not opt you out of the remainder of these Terms.
I. Survival
This section survives account closure, suspension, termination, cancellation, and the termination of these Terms.
26. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless NextPour, Swamped LLC, their affiliates, owners, officers, directors, employees, agents, service providers, successors, and assigns from and against claims, demands, lawsuits, damages, liabilities, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Your use of NextPour
Your business
Your employees or subcontractors
Work you perform or fail to perform
Property damage
Personal injury or death
Customer disputes
Estimates or contracts
Deposits or payments
Warranties
Licensing or permit violations
Employment or subcontractor claims
Tax obligations
Misuse of lead information
Privacy violations
Calls, texts, emails, or other communications
TCPA or telemarketing claims
Violations of Do Not Call laws
Spam or marketing claims
Your violation of applicable law
Your violation of these Terms
Fraud or misrepresentation
Intellectual-property infringement
Any act or omission by you or someone acting on your behalf
NextPour may assume control of the defense of any matter subject to indemnification, at your expense, and you agree to cooperate in that defense.
You may not settle a claim in a manner that imposes liability or obligations on NextPour without NextPour's written consent.
27. Governing Law
Except for matters governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
For any dispute that is not required to be arbitrated, the parties consent to the jurisdiction of the appropriate state or federal courts located in Michigan, unless applicable law requires otherwise.
28. Time Limit for Claims
To the maximum extent permitted by law, any claim arising out of or relating to NextPour, the Services, or these Terms must be brought within one year after the claim accrued.
Claims not brought within that period are permanently barred where legally permitted.
29. Changes to Pricing, Policies, and Terms
NextPour may modify:
Pricing
Lead-distribution rules
Products
Services
Account requirements
Platform functionality
Policies
Promotional terms
at any time.
Changes may apply prospectively once posted, displayed in the platform, communicated to you, or otherwise made available.
NextPour may also update these Terms from time to time.
Updated Terms become effective on the date stated in the updated version or when otherwise communicated, subject to any notice required by applicable law.
Your continued use of NextPour after updated Terms become effective constitutes acceptance of the revised Terms.
Where applicable law requires specific notice or consent for a change, NextPour will comply with those requirements.
30. Electronic Communications
You agree that NextPour may provide agreements, notices, disclosures, receipts, policies, account information, and other communications electronically, including through:
The NextPour platform
Website notices
SMS where permitted
Other electronic means
Electronic communications satisfy any legal requirement that such communications be in writing to the extent permitted by law.
31. Assignment
You may not assign or transfer these Terms or your account without NextPour's prior written consent.
NextPour and Swamped LLC may assign or transfer these Terms, the Services, accounts, or related rights and obligations in connection with:
A reorganization
Affiliate restructuring
Merger
Acquisition
Sale of assets
Financing
Transfer of a business line
Other legitimate business transaction
without your consent where permitted by law.
32. Force Majeure
NextPour will not be liable for delay, interruption, or failure caused by circumstances beyond its reasonable control, including:
Internet outages
Telecommunications failures
Payment-network failures
Third-party platform outages
Cyberattacks
Natural disasters
Severe weather
Government actions
Labor disruptions
War
Civil unrest
Public-health emergencies
Utility failures
Acts or omissions of third-party providers
33. Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
34. No Waiver
Failure by NextPour to enforce any provision of these Terms does not waive our right to enforce that provision later.
35. Entire Agreement
These Terms, together with the:
Privacy Policy
Refund & Credit Policy
Any additional terms applicable to specific products, promotions, or features
constitute the agreement between you and NextPour regarding the Services and supersede prior agreements or understandings concerning the same subject matter.
If additional terms expressly conflict with these Terms, the more specific terms will control for the applicable product, feature, or promotion.
36. Survival
Provisions that by their nature should survive account closure or termination will survive, including provisions relating to:
Payments
Lead-information restrictions
Intellectual property
Disclaimers
Limitation of liability
Indemnification
Arbitration
Governing law
Claim limitations
Dispute resolution
37. Contact
Questions about these Terms may be sent to:
NextPour
Owned by Swamped LLC
[email protected]