Terms of Service

These Terms of Service ("Terms") govern your access to and use of Nimbus OS™, a digital health technology platform operated by Nimbus Healthcare ("we," "our," or "us"). By accessing or using Nimbus OS™, our websites, mobile applications, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Nimbus Healthcare.

Nimbus OS™ provides:

• Software-as-a-Service (SaaS): Cloud-based healthcare technology platform for providers, clinics, and healthcare organizations
• Healthcare Services: Telehealth consultations, prescription fulfillment, laboratory services, and care coordination
• Platform Services: APIs, integrations, data management, and analytics tools
• Consumer Programs: WeightWiseRX™, HairWiseGX™, NimCore®, and related health programs

The Services are provided subject to these Terms and our Privacy Policy, which is incorporated by reference.

3.1 Account Registration

To access certain Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Types

• Provider Accounts: For licensed healthcare providers, clinics, and medical practices
• Patient Accounts: For individuals receiving healthcare services
• Developer Accounts: For technology partners and API users
• Enterprise Accounts: For organizations and employer groups

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any laws
• Violate any healthcare regulations, including HIPAA, state medical board rules, or pharmacy regulations
• Access or attempt to access other users' accounts or data without authorization
• Reverse engineer, decompile, or disassemble any part of the Services
• Introduce viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without permission
• Impersonate any person or entity or misrepresent your affiliation
• Share your account credentials with others
• Use the Services to provide services to third parties without authorization

5.1 Not a Substitute for Emergency Care

Nimbus OS™ and our telehealth services are NOT intended for medical emergencies. If you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately.

5.2 Provider Relationships

Healthcare services are provided by licensed healthcare providers who are independent contractors, not employees of Nimbus Healthcare. The provider-patient relationship is between you and your healthcare provider, not between you and Nimbus Healthcare.

5.3 Medical Advice

The Services provide technology and administrative support. Medical advice, diagnosis, and treatment decisions are made by licensed healthcare providers. Nimbus Healthcare does not provide medical advice, diagnosis, or treatment.

5.4 Prescription Services

Prescriptions are issued at the sole discretion of licensed healthcare providers. Not all patients will qualify for all medications. Prescription fulfillment is subject to pharmacy regulations and state licensing requirements.

6.1 Our Intellectual Property

All content, features, functionality, and technology of the Services are owned by Nimbus Healthcare or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

Trademarks include but are not limited to:

• Nimbus OS™, Nimbus Operating System™, Health Operating System™
• Connecting Every Dot in Healthcare™, Made by Us, For You™
• Transforming Sick Care into True Healthcare™, AI + EI = Client Success™
• Aura™, IntelliHealth™, NovaMed™
• NimCore®, WeightWiseRX™, HairWiseGX™

Certain Services may require payment. By purchasing Services, you agree to:

• Pay all fees and charges associated with your account
• Provide accurate billing information
• Authorize us to charge your payment method
• Understand that fees are non-refundable unless otherwise stated
• Accept that prices may change with notice

Some Services may be eligible for FSA/HSA reimbursement. We are not responsible for insurance reimbursement decisions.

Your use of the Services is also governed by our Privacy Policy. We are committed to protecting your privacy and Protected Health Information (PHI) in accordance with HIPAA and applicable privacy laws.

By using the Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Nimbus Healthcare, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, violation of these Terms, or violation of any rights of another party.

11.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features, subject to our data retention obligations under HIPAA and applicable law.

11.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without notice, if:

• You violate these Terms or any applicable laws
• You engage in fraudulent, abusive, or illegal activity
• We are required to do so by law or regulatory authority
• You fail to pay required fees
• We discontinue the Services

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

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