Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the services provided by NextDev, Inc. (“Nextdev,” “we,” “us,” or “our”). By accessing our websites, engaging our recruiting services, completing an assessment, viewing or citing the Agent Usability Index, downloading our benchmark harness, or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Nextdev operates two related lines of business: (a) an AI-native engineer recruiting service through which we present pre-vetted software engineers to prospective employers (the “Recruiting Service”); and (b) the Agent Usability Index, an independent public benchmark measuring how effectively AI coding agents can use third-party developer APIs (the “Index”), together with its published methodology and open-source harness. The Recruiting Service and the Index are referred to collectively as the “Services.”

If you submit benchmarks, reference solutions, failure modes, methodology improvements, or other feedback to Nextdev (by pull request, email, or otherwise), you grant Nextdev a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, and incorporate that material into the Services. You represent that you have the rights necessary to grant this license. Our benchmark harness is published under the license in its source repository; refer to that license, not these Terms, for how you may use the harness code itself.

You agree not to: (a) use the Services in violation of any applicable law; (b) access, probe, or interfere with the Services in a manner intended to disrupt their operation, including rate-limit abuse, denial-of-service, or high-volume scraping; (c) attempt to gain unauthorized access to any system or data; or (d) misrepresent your identity or your affiliation with any person or entity.

All content comprising the Services — including site copy, design, brand, methodology prose, and score displays — is owned by NextDev, Inc. except where otherwise indicated. Third-party names, logos, and trademarks (including those of benchmarked vendors and employer clients) belong to their respective owners and are used only to identify the relevant entity.

The Services are provided for informational and operational purposes and do not constitute legal, employment, financial, or other professional advice. Index scores reflect agent performance on a defined task set at a particular point in time and are not a recommendation, endorsement, or guarantee of fitness for any vendor. You are responsible for your own integration, hiring, and business decisions.

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that scores will not change, or that any candidate or vendor will meet your expectations.

To the maximum extent permitted by law, NextDev, Inc. and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business, arising out of or relating to your use of the Services, even if advised of the possibility of such damages. Except as set out in a separate written agreement, our aggregate liability for any direct damages shall not exceed USD 100 or the amount you paid us in the twelve months preceding the claim, whichever is greater.

You agree to defend, indemnify, and hold harmless Nextdev from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

We may modify or discontinue any part of the Services at any time. We may also update these Terms; material changes will be reflected by the “Last updated” date above and, where appropriate, additional notice. Your continued use of the Services after a change constitutes acceptance of the revised Terms.

We may suspend or terminate your access to the Services at any time for breach of these Terms or to protect the integrity, security, or lawful operation of the Services.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Questions about these Terms may be directed to team@joinnextdev.com.