Terms of Service

Last Updated: February 24, 2026

These Terms of Service (this "Agreement") constitute a legally binding contract between NextMD LLC, a Delaware limited liability company ("NextMD," "we," "us," or "our"), and you, the individual or entity that accesses, browses, or uses the Platform in any way ("you" or "your"). If you are accessing or using the Platform on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and "you" and "your" refer to both you individually and that entity.

By accessing, browsing, or using the Platform — including by visiting any page of our website, creating an account, submitting information, or engaging with any feature or content — you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you do not agree to these Terms, you must immediately stop using the Platform and leave the website. Your continued use of the Platform following the posting of any changes to this Agreement constitutes your acceptance of those changes.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE PLATFORM, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN SECTION 17 AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS.

Important Notices

Directory Service Only. NextMD operates an online directory and marketplace where consumers can search for and learn about concierge medicine and direct primary care physicians and practices ("Healthcare Providers"). NextMD is not a healthcare provider, medical practice, hospital, health plan, insurer, or pharmacy. We do not practice medicine, diagnose or treat medical conditions, prescribe medications, or provide any form of clinical care. The inclusion of a Healthcare Provider in our directory does not constitute an endorsement, recommendation, or referral by NextMD.

No Medical Advice. Nothing on the Platform constitutes medical advice, diagnosis, or treatment. Any information displayed about Healthcare Providers — including specialties, services, membership fees, credentials, and practice descriptions — is provided for informational purposes only and is not a substitute for professional medical advice. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform.

Not a HIPAA Covered Entity or Business Associate. NextMD is not a "covered entity" or "business associate" as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations. The Platform is not designed to store, process, transmit, or manage Protected Health Information ("PHI") as defined by HIPAA. Do not submit, upload, or otherwise transmit any PHI, medical records, health information, patient data, or Sensitive Personal Information to or through the Platform. NextMD assumes no responsibility or liability for any PHI or health information submitted to the Platform in violation of this prohibition.

No Legal, Tax, Accounting, Investment, or Brokerage Advice. NextMD is not a law firm, accounting firm, broker-dealer, investment adviser, or investment bank. Any information, reports, estimates, templates, recommendations, or outputs (including AI-generated content) delivered through the Platform are for informational and educational purposes only and are not a substitute for advice from qualified professionals. You are solely responsible for obtaining your own professional advice and for all decisions made based on your use of the Platform.

No Guarantee of Provider Quality or Availability. NextMD does not verify, credential, endorse, or guarantee the qualifications, licensure, competence, quality of care, availability, or suitability of any Healthcare Provider listed on the Platform. Listing on the Platform does not imply that a Healthcare Provider meets any particular standard of care. You are solely responsible for evaluating and selecting a Healthcare Provider and for verifying their credentials, licensure, board certifications, and any other relevant qualifications.

AI-Generated Listing Information. Certain Listings, practice descriptions, service summaries, and other directory content displayed on the Platform may be generated, compiled, or enhanced in whole or in part by artificial intelligence and automated data-aggregation tools. AI-generated content may contain errors, omissions, outdated information, or inaccuracies. NextMD does not guarantee the accuracy, completeness, or currentness of any AI-generated content. It is your sole responsibility to independently verify the accuracy of any information contained in a Listing — including but not limited to physician names, credentials, specialties, office locations, hours of operation, membership fees, services offered, and contact information — before making any decisions based on such information. You should always contact the Healthcare Provider directly to confirm Listing details before engaging their services.

User Responsibility for Listing Accuracy. You acknowledge and agree that it is your sole responsibility to verify the accuracy of any medical practice Listing on the Platform before relying on it. NextMD provides Listings for informational purposes only and makes no representation that any Listing information is accurate, complete, or current at the time you access it. You should independently confirm all material facts — including a Healthcare Provider's licensure status, board certifications, office locations, accepted patients, pricing, and scope of services — directly with the Healthcare Provider before scheduling an appointment or making any healthcare decisions.

No Guarantee of Web Traffic, Visibility, or Business Results. NextMD does not guarantee any specific level of web traffic, search engine ranking, visibility, patient inquiries, appointment bookings, revenue, or other business results to any user of the Platform, whether free or paid. The Platform is a directory and informational tool only. Listing on the Platform, whether through a free or paid subscription, does not entitle any Healthcare Provider or other user to any minimum volume of impressions, clicks, leads, patient contacts, or any other measurable business outcome. Any projections, estimates, or illustrations of potential traffic or business results that may be communicated by NextMD or its representatives are provided for informational purposes only, are not guarantees, and should not be relied upon.

1. Definitions

"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
"Aggregated Statistics" means data and information related to your use of the Platform that is used by NextMD in an aggregated and de-identified manner, including to compile statistical and performance information related to the concierge medicine and direct primary care industry.
"AI Features" means features powered by machine learning and generative AI models provided by NextMD or third parties.
"Authorized User" means you and your employees, consultants, contractors, and agents who are authorized by you to access and use the Platform under your account and for whom access has been purchased.
"User Data" means all data, content, files, and materials submitted to or processed by the Platform by or on behalf of you or your Authorized Users, but excluding Aggregated Statistics and Provider Content.
"Documentation" means any user guides, help materials, and other documentation for the Platform provided or made available by NextMD.
"Healthcare Provider" or "Provider" means any physician, medical practice, clinic, or other healthcare professional or entity that maintains a listing on the Platform.
"Listing" means the profile page and associated information for a Healthcare Provider displayed on the Platform.
"Order Form" means an ordering document (including a Sign-Up Page) executed by the parties or completed online that references this Agreement and sets forth the Services, quantities, fees, and subscription terms.
"Platform" means NextMD's software-as-a-service products and related websites (including nextmd.ai), dashboards, APIs, and mobile applications, as described in the applicable Order Form and Documentation.
"Provider Content" means all information, text, images, logos, descriptions, and other materials that a Healthcare Provider submits, publishes, or displays on the Platform in connection with their Listing.
"Protected Health Information" or "PHI" has the meaning set forth in 45 C.F.R. § 160.103, and includes any individually identifiable health information created, received, maintained, or transmitted by a covered entity or business associate.
"Sensitive Personal Information" means categories of personal data that are subject to heightened protection under law (e.g., financial account numbers, government identifiers, health information protected by HIPAA, precise geolocation, biometric templates, or children's data under 13).
"Services" means access to and use of the Platform and any professional services expressly described in an Order Form.

2. Accounts & Eligibility

You must be at least 18 years old and capable of forming a binding contract to create an account or use features that require registration. You may browse publicly available portions of the Platform without creating an account. If you create an account, you agree to provide accurate information and to keep it current. You are responsible for all activities occurring under your account and for maintaining the confidentiality of your credentials. Notify us promptly of any unauthorized use or security incident at legal@nextmd.ai.

3. Access Grant, License & Restrictions

3.1 Access Grant

Subject to timely payment of all fees and compliance with this Agreement, NextMD grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Platform solely for your internal business purposes by Authorized Users in accordance with the Documentation and Order Form.

3.2 Software & Apps

Any downloadable components are licensed, not sold. You may install and use such software solely with the Platform and may make a single backup copy including all proprietary notices.

3.3 Reservations

NextMD and its licensors retain all right, title, and interest in and to the Platform and Documentation. No rights are granted by implication or estoppel.

3.4 Use Restrictions

You will not (and will not permit anyone to):

(a) copy, modify, translate, or create derivative works of the Platform;
(b) rent, lease, sell, sublicense, assign, or otherwise transfer access except as expressly permitted;
(c) reverse engineer, disassemble, decompile, or attempt to discover source code;
(d) remove proprietary notices;
(e) use the Platform to store, process, or transmit Protected Health Information, medical records, patient data, or any Sensitive Personal Information, unless expressly agreed in a separate written agreement;
(f) use the Platform in violation of law or third-party rights;
(g) use the Platform for general archival or backup services;
(h) perform or disclose benchmark or security tests without our written consent;
(i) scrape, harvest, or systematically extract data from the Platform or other users' Listings;
(j) use the Platform to create a competing directory, database, or service;
(k) impersonate any person or entity or misrepresent your affiliation with any person or entity; or
(l) use automated means (bots, spiders, crawlers) to access the Platform except as expressly permitted by our robots.txt file.

3.5 Prohibition on Scraping for Competitive Use

Without limiting Sections 3.4(i)–(l) above, you may not scrape, crawl, harvest, mirror, or systematically extract any data, content, Listings, or other information from the Platform for the purpose of building, enhancing, supplementing, or operating any product, service, directory, database, or dataset that competes with or is substantially similar to the Platform, whether directly or through a third party. This prohibition applies regardless of the method used, including manual collection, automated tools, AI-assisted extraction, or any combination thereof. Any data obtained in violation of this section is deemed Confidential Information of NextMD, and NextMD reserves the right to seek injunctive relief and damages for any breach.

3.6 Beta Features

We may provide pre-release or trial features. Beta Features are provided as is, may be discontinued, and are excluded from any service-level or support commitments.

3.6 Subcontractors

We may use subcontractors (including cloud providers) to deliver the Services; we remain responsible for their performance.

4. Third-Party Services

Certain features may enable interoperability with third-party products (e.g., analytics platforms, payment processors, cloud storage, AI model providers). Use of third-party products is governed solely by the applicable third-party terms. We do not control and are not responsible for third-party products, and we may disable integrations if required by the provider or law.

5. Your Responsibilities

5.1 Use by Authorized Users

You are responsible for your Authorized Users' compliance with this Agreement.

5.2 Your Data

You are solely responsible for the content, legality, accuracy, and integrity of User Data and for securing all rights and consents necessary for its processing. You will not upload Sensitive Personal Information or Protected Health Information without our prior written consent executed in a separate agreement.

5.3 Security

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect User Data. You are responsible for properly configuring and using the Platform and for securing your devices, network, and credentials.

5.4 Prohibited Uses

You agree not to use the Platform to:

(a) violate any applicable local, state, national, or international law or regulation;
(b) infringe, misappropriate, or violate privacy or publicity rights;
(c) distribute malware, spam, or harmful code;
(d) engage in scraping or unauthorized data harvesting;
(e) attempt unauthorized access or penetration testing;
(f) post false, misleading, or defamatory content about Healthcare Providers;
(g) submit, transmit, or store any Protected Health Information, patient medical records, diagnoses, treatment plans, prescription information, or other individually identifiable health information;
(h) solicit or collect personal health information from other users of the Platform; or
(i) engage in any activity that could disrupt or harm the Platform or others' use.

5.5 No Duty to Monitor; Section 230 Immunity

NextMD has no obligation to monitor, review, screen, edit, or pre-approve any User Data, Provider Content, User Reviews, Listings, or other content posted to or transmitted through the Platform by users, Healthcare Providers, or other third parties. NextMD may, but is not required to, remove or disable access to any content that it determines, in its sole discretion, violates this Agreement or applicable law. NextMD's decision not to remove or disable access to any content does not constitute approval, endorsement, or adoption of such content.

NextMD is a provider of an interactive computer service within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230). To the fullest extent permitted by applicable law, NextMD shall not be treated as the publisher or speaker of any information provided by Healthcare Providers, users, or other third parties through the Platform. You acknowledge that NextMD is not liable for any content, including but not limited to Provider Content, User Reviews, Listings, or other materials created, posted, or submitted by third parties, and that any claims arising from such third-party content must be directed solely to the party that created or submitted it.

6. Healthcare Provider Listings

6.1 Provider Accounts

Healthcare Providers who subscribe to the Platform to maintain a Listing ("Provider Subscribers") must provide accurate and current information about their practice, including but not limited to: practice name, physician names and credentials, office locations, services offered, membership or subscription fees, accepted payment methods, and hours of operation. Provider Subscribers are solely responsible for the accuracy, completeness, and lawfulness of their Provider Content.

6.2 Credentials and Licensure

Each Provider Subscriber represents and warrants that all physicians and healthcare professionals listed in their Listing hold valid and current licenses to practice medicine in the jurisdictions where they provide services, and that no listed physician is subject to any disciplinary action, exclusion, or restriction that would materially affect their ability to provide the services described in the Listing. NextMD may, but is not obligated to, verify any credentials, and any verification performed does not constitute an endorsement or guarantee.

6.3 Content Standards

Provider Content must not:

(a) contain false, misleading, or deceptive claims about services, outcomes, qualifications, or pricing;
(b) include patient testimonials or reviews that violate applicable law, including but not limited to Federal Trade Commission ("FTC") guidelines;
(c) contain Protected Health Information or individually identifiable patient information;
(d) violate any applicable advertising or marketing regulations for healthcare services;
(e) infringe upon the intellectual property rights of any third party; or
(f) violate any applicable federal, state, or local law or regulation.

6.4 Listing Removal

NextMD reserves the right to remove, suspend, or modify any Listing at any time in its sole discretion, including but not limited to situations where: (a) the Provider Content violates this Agreement; (b) we receive credible reports of unlicensed practice, fraud, or patient harm; (c) the Provider Subscriber's account is delinquent; or (d) removal is required by law, regulation, or legal process. We will use commercially reasonable efforts to provide notice before removal except where immediate removal is necessary to protect users or comply with law.

6.5 License to Provider Content

By submitting Provider Content, the Healthcare Provider grants NextMD a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, distribute, and modify such content solely in connection with operating, promoting, and improving the Platform. This license survives termination solely to the extent necessary to remove content from caches and backups in the ordinary course.

6.6 No Endorsement

The order, ranking, prominence, or placement of Listings on the Platform may be influenced by a number of factors, including paid promotion, relevance, geography, completeness of profile, and user engagement. Listing order or prominence does not reflect NextMD's opinion of or recommendation for any Healthcare Provider.

6.7 AI-Generated and Aggregated Listing Content

You acknowledge that certain Listing information displayed on the Platform may be generated, compiled, or enhanced using artificial intelligence, machine learning, web scraping, public data aggregation, or other automated tools ("Automated Content"). Automated Content may include, without limitation, practice descriptions, physician biographies, service summaries, geographic data, estimated pricing, and specialty classifications. Such Automated Content is provided for informational convenience only and may not have been reviewed, verified, or approved by the applicable Healthcare Provider.

NextMD does not warrant the accuracy, completeness, timeliness, or reliability of any Automated Content. Healthcare Providers who subscribe to the Platform may update, correct, or supplement their Automated Content at any time through their Provider account. Users of the Platform are solely responsible for verifying Automated Content directly with the applicable Healthcare Provider before making any decisions based on such content. NextMD shall have no liability arising from any inaccuracies in Automated Content.

6.8 Eligibility: US Medical Practices Only

The Platform is intended exclusively for medical practices and Healthcare Providers who are duly licensed to practice in one or more jurisdictions within the United States. By creating a Provider account or submitting a Listing, the Healthcare Provider represents and warrants that: (a) each clinician listed in the Listing holds a current, active, unrestricted license to practice issued by the applicable state licensing board in each state where they provide services; (b) no listed clinician has been excluded, debarred, or suspended from participation in any federal or state healthcare program, including Medicare and Medicaid; (c) each listed clinician is authorized to practice in the United States and is not subject to any pending disciplinary proceeding that would materially affect their ability to provide the services described in the Listing; and (d) the Healthcare Provider will promptly notify NextMD of any change in licensure status, disciplinary action, or exclusion affecting any listed clinician.

NextMD reserves the right to immediately remove, without prior notice, any Listing that includes a clinician who does not hold a current, active U.S. license or who has been excluded from a federal or state healthcare program. Healthcare Providers located outside the United States, or clinicians licensed exclusively in jurisdictions outside the United States, are not eligible to maintain a Listing on the Platform.

6.9 Limited Verification; No Guarantee of Provider Qualifications

Any verification, credentialing review, or background check conducted by NextMD with respect to any Healthcare Provider or physician is limited in scope and methodology, may rely in whole or in part on third-party data sources (including but not limited to state licensing databases, the National Practitioner Data Bank, publicly available records, and information self-reported by the Healthcare Provider), and is performed solely for NextMD's internal purposes. Any such verification does not constitute a representation, warranty, endorsement, or guarantee that a Healthcare Provider is qualified, competent, safe, suitable, or appropriate for your needs. Verification results may be incomplete, outdated, or inaccurate, and NextMD disclaims all liability arising from any reliance on any verification or credentialing activity performed by NextMD.

7. Data Rights, Aggregated Statistics & Privacy

7.1 Ownership

As between the parties, you own your User Data. By using the Platform, you grant NextMD a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use User Data solely to provide and support the Services and as otherwise permitted in this Agreement.

7.2 Aggregated Statistics

We may collect and use Aggregated Statistics to operate, analyze, and improve our products and services and for industry reporting, provided such data does not identify you, any individual, or any specific Healthcare Provider's non-public financial or business information.

7.3 Privacy & DPA

Our processing of personal data is described in our Privacy Policy and, where applicable, our Data Processing Agreement, each incorporated by reference.

7.4 Data Portability & Deletion

During the subscription term, you may export User Data using the tools we make available. Upon termination, we will delete or return User Data from production systems within a commercially reasonable period, except we may retain copies as required by law, for backup, audit, and dispute-resolution purposes, subject to our confidentiality obligations.

7.5 Prohibition on Health Data

You acknowledge and agree that the Platform is not designed, intended, or authorized for the storage, processing, or transmission of Protected Health Information or any individually identifiable health information. Any such data submitted to the Platform in violation of this Agreement is submitted at your sole risk, and NextMD disclaims all liability arising from any such unauthorized submission.

8. AI Features & Outputs

The AI Features are provided on an experimental basis, "as is" and "as available." Notwithstanding anything to the contrary, NextMD disclaims all warranties and representations and has no indemnity, support, or service-level obligations for the AI Features. Your use is voluntary and at your sole risk.

8.1 Operation

AI Features may send prompts and User Data to NextMD or third-party model providers to generate outputs. You grant us authority to process User Data for this purpose.

8.2 Use of Outputs

Subject to this Agreement, you may use AI outputs for your internal business purposes. AI outputs may be inaccurate, incomplete, or inappropriate for your use case and should be reviewed by qualified personnel. You are responsible for your reliance on any outputs.

8.3 Safety & Prohibited AI Uses

You will not use AI Features to:

(a) create discriminatory, illegal, or harmful content;
(b) train models that compete with the Services;
(c) generate medical diagnoses, treatment plans, or clinical recommendations;
(d) process or analyze Protected Health Information or patient data; or
(e) make automated decisions that produce legal or similarly significant effects about any individual without meaningful human review.

8.4 Model Provider Terms

You acknowledge that certain AI Features rely on third-party model providers ("Model Providers"). Your use of AI Features must comply with such Model Providers' acceptable-use policies and terms. Where required by such Model Providers, those terms are incorporated by reference.

8.5 No Medical AI

AI Features are not medical devices and have not been evaluated, approved, or cleared by the U.S. Food and Drug Administration ("FDA") or any other regulatory authority. AI Features must not be used as a substitute for professional medical judgment. AI outputs related to healthcare are for general informational and business purposes only.

8.6 AI-Generated Directory Content

Without limiting the generality of Section 8.2, certain directory Listings, practice profiles, and informational content on the Platform may be generated or enhanced by AI Features. Such AI-generated directory content: (a) may contain factual errors, outdated information, or hallucinated details; (b) has not been independently verified by NextMD unless expressly stated; (c) does not constitute a representation or warranty by NextMD regarding any Healthcare Provider; and (d) should not be relied upon without independent verification. NextMD reserves the right to use AI to create, modify, supplement, or enhance Listing content at any time without notice to you or the applicable Healthcare Provider, subject to the Healthcare Provider's right to correct or update their Listing.

9. Consumer and Patient Users

9.1 Directory Use

If you are a consumer or patient using the Platform to search for Healthcare Providers, you acknowledge that: (a) the Platform is an informational directory only and does not provide medical care, advice, or services; (b) you are solely responsible for evaluating, selecting, and engaging any Healthcare Provider; (c) any relationship you form with a Healthcare Provider is solely between you and that Provider; and (d) NextMD is not a party to, and bears no responsibility for, any agreement, transaction, or interaction between you and any Healthcare Provider.

9.2 No Patient-Provider Relationship

Use of the Platform does not create a patient-provider relationship between you and NextMD, nor between you and any Healthcare Provider listed on the Platform until you independently engage that Provider. The display of information about a Healthcare Provider does not constitute a recommendation or referral.

9.3 Verification Responsibility

You are responsible for independently verifying the credentials, licensure, board certifications, malpractice history, and any other relevant qualifications of any Healthcare Provider before engaging their services. NextMD makes no representations or warranties regarding any Healthcare Provider's qualifications, availability, pricing accuracy, quality of care, or suitability for your needs.

9.4 Emergency Services

The Platform is not intended for use in medical emergencies. If you are experiencing a medical emergency, call 911 or your local emergency services immediately. Do not rely on the Platform to connect with emergency healthcare services.

9.5 Do Not Submit Health Information

You must not submit any personal health information, medical records, diagnoses, symptoms, treatment information, insurance information, or other Protected Health Information through the Platform, including through any contact forms, messaging features, reviews, or other input fields. Any health information submitted in violation of this section is submitted at your sole risk.

9.6 User Obligation to Verify Listing Accuracy

You acknowledge and agree that: (a) Listings and other directory content on the Platform may be generated, compiled, or enhanced in whole or in part by artificial intelligence or automated tools and may contain inaccuracies, errors, or outdated information; (b) it is your sole responsibility to verify the accuracy of all Listing information — including but not limited to physician credentials, licensure, specialties, office locations, hours of operation, membership fees, services offered, insurance acceptance, and contact details — directly with the Healthcare Provider before engaging their services; (c) you will not rely solely on any Listing information when making healthcare decisions; and (d) NextMD disclaims all liability for any harm, loss, or damage arising from your reliance on unverified Listing information.

9.7 Reporting Inaccurate Listings

If you believe any Listing contains inaccurate, outdated, or misleading information, you may report the issue to NextMD at legal@nextmd.ai. NextMD will use commercially reasonable efforts to investigate and correct confirmed inaccuracies within a reasonable period, but does not guarantee any specific timeline for corrections. Reporting an inaccuracy does not create any obligation, liability, or duty of care on the part of NextMD.

9.8 Assumption of Risk

You acknowledge that healthcare involves inherent risks, including but not limited to risks of misdiagnosis, adverse treatment outcomes, complications, allergic reactions, medication side effects, and other medical risks. By using the Platform to search for, evaluate, or engage any Healthcare Provider, you voluntarily assume all risks arising from your decision to contact, visit, or receive services from any Healthcare Provider listed on the Platform. NextMD is not a party to and has no control over the healthcare services provided by any Healthcare Provider, and NextMD shall have no liability for any injury, illness, adverse outcome, financial loss, or other harm arising from your interactions with any Healthcare Provider.

10. Fees, Taxes, Trials & Changes

10.1 Fees

You will pay the fees set forth in the applicable Order Form, without offset or deduction, in U.S. dollars, within thirty (30) days of invoice unless otherwise stated. Recurring subscriptions renew for successive terms as stated on the Order Form unless either party gives notice of non-renewal at least thirty (30) days before the end of the then-current term.

10.2 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, and similar taxes (other than taxes based on our net income).

10.3 Trials

If you access the Services on a free or trial basis, such access is provided as is and may be terminated at any time. Any specific evaluation terms presented to you are incorporated by reference.

10.4 Price & Feature Changes

We may modify fees or features effective upon the next renewal term by providing at least thirty (30) days' notice. If you do not agree to the changes, you may elect not to renew.

10.5 Late Payment & Suspension

Overdue amounts may accrue interest at 1.5% per month (or the maximum allowed by law). We may suspend or limit the Services for non-payment or for a suspected breach, security risk, legal requirement, or to protect the Platform or others. We are not liable for any suspension made in accordance with this Agreement.

10.6 Automatic Renewal Terms

If your subscription includes automatic renewal terms, the following provisions apply in addition to the terms set forth in Section 10.1:

(a) Disclosure: Before you are charged for any automatically renewing subscription, NextMD will clearly and conspicuously disclose the automatic renewal terms, including the subscription fee, billing frequency, renewal period, and cancellation policy.
(b) Affirmative Consent: NextMD will obtain your express affirmative consent to the automatic renewal terms before processing any recurring charge. NextMD will retain verification of your consent for at least three (3) years or one (1) year following termination of the subscription, whichever is longer.
(c) Confirmation: Following your initial subscription purchase or enrollment, NextMD will provide you with a confirmation that includes the automatic renewal terms and cancellation instructions in a manner that can be retained by you (e.g., email).
(d) Annual Reminder: For active subscriptions, NextMD will send you an annual reminder that includes the renewal terms, the current subscription fee, billing frequency, and clear instructions on how to cancel.
(e) Fee Change Notice: NextMD will notify you of any change in subscription fees at least seven (7) days (and no more than thirty (30) days) before the new fee takes effect, and such notice will include clear instructions on how to cancel the subscription before the fee change is applied.
(f) Cancellation: If you subscribed to the Platform online, you may cancel your subscription online through your account settings using a prominently located cancellation link or button accessible within your account profile. NextMD will not impose any steps that unreasonably obstruct or delay your ability to cancel. You may also cancel by contacting us at legal@nextmd.ai. Cancellation will be effective at the end of the then-current billing period, and you will not be charged for any subsequent renewal period.
(g) Free Trial Conversions: If your subscription begins with a free trial or promotional period that automatically converts to a paid subscription, NextMD will clearly disclose the conversion terms, including the date on which the paid subscription will begin and the applicable fees, and will obtain your express affirmative consent to such conversion before processing any charge.

These provisions are intended to comply with the California Automatic Renewal Law (California Business and Professions Code § 17600 et seq.), as amended by Assembly Bill 2863 (effective July 1, 2025), and the Federal Trade Commission's Negative Option Rule (16 C.F.R. Part 425), as applicable. To the extent that any other state or federal automatic renewal or negative option law imposes additional requirements, NextMD will comply with such requirements as applicable to the relevant jurisdiction.

11. Confidentiality

Each party may access Confidential Information of the other. The receiving party will protect the disclosing party's Confidential Information using at least the same degree of care it uses to protect its own, but no less than reasonable care, and will use it only for purposes of this Agreement. Confidentiality obligations do not apply to information that is public, already known, independently developed, or rightfully received from a third party. If required by law, a party may disclose Confidential Information after giving reasonable notice (if legally permitted). For trade secrets, obligations survive as long as such information remains a trade secret; otherwise for five (5) years after disclosure.

12. Intellectual Property, Feedback & Publicity

12.1 IP Ownership

NextMD and its licensors own all intellectual property in the Platform and Documentation. You own your User Data. Healthcare Providers retain ownership of their Provider Content, subject to the license granted in Section 6.5.

12.2 Feedback

You grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit any suggestions or feedback you provide regarding the Platform, without obligation to you.

12.3 Publicity

With your consent (email is sufficient), we may use your name and logo to identify you as a customer or listed provider on our website and marketing materials.

12.4 DMCA & Copyright

We respect intellectual property rights. If you believe content on the Platform infringes your copyright, please submit a notice to legal@nextmd.ai with the information required under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)). We will respond to valid notices in accordance with applicable law.

13. Warranties & Disclaimers

13.1 Limited Warranty

We warrant that during a paid subscription term the Platform will materially conform to the Documentation. Your exclusive remedy for breach of this warranty is repair, replacement, or a pro-rated refund of prepaid fees for the affected Service.

13.2 General Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13.1, THE PLATFORM, SERVICES, DOCUMENTATION, LISTINGS, PROVIDER CONTENT, AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT ANY INFORMATION (INCLUDING LISTINGS, PROVIDER CONTENT, OR AI OUTPUTS) WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

13.3 Healthcare Disclaimers

WITHOUT LIMITING THE GENERALITY OF SECTION 13.2:

(a) WE MAKE NO WARRANTY REGARDING THE QUALIFICATIONS, LICENSURE, COMPETENCE, QUALITY OF CARE, SAFETY, AVAILABILITY, PRICING, OR SUITABILITY OF ANY HEALTHCARE PROVIDER LISTED ON THE PLATFORM;
(b) WE DO NOT VERIFY AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY PROVIDER CONTENT, INCLUDING STATED CREDENTIALS, SPECIALTIES, MEMBERSHIP FEES, OR SERVICES;
(c) WE MAKE NO WARRANTY THAT ANY HEALTHCARE PROVIDER WILL ACCEPT NEW PATIENTS, HONOR LISTED PRICING, OR PROVIDE SERVICES AS DESCRIBED IN THEIR LISTING;
(d) WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OUTCOMES, ADVERSE EVENTS, MALPRACTICE, OR OTHER HARM ARISING FROM YOUR INTERACTION WITH ANY HEALTHCARE PROVIDER; AND
(e) THE PLATFORM IS NOT A MEDICAL DEVICE AND HAS NOT BEEN EVALUATED, APPROVED, OR CLEARED BY THE FDA OR ANY REGULATORY AUTHORITY.

13.4 AI-Generated Content Disclaimers

WITHOUT LIMITING THE GENERALITY OF SECTIONS 13.2 AND 13.3, YOU ACKNOWLEDGE AND AGREE THAT:

(a) CERTAIN LISTINGS, PRACTICE DESCRIPTIONS, SERVICE SUMMARIES, PHYSICIAN PROFILES, AND OTHER DIRECTORY CONTENT MAY BE GENERATED, COMPILED, OR ENHANCED IN WHOLE OR IN PART BY ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR AUTOMATED DATA-AGGREGATION TOOLS;
(b) AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION, FABRICATED DETAILS, OR OTHER INACCURACIES;
(c) NEXTMD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT;
(d) YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL LISTING INFORMATION BEFORE MAKING ANY DECISIONS BASED ON SUCH INFORMATION; AND
(e) NEXTMD SHALL HAVE NO LIABILITY ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, WHETHER SUCH CONTENT WAS CREATED BY NEXTMD, A THIRD-PARTY AI PROVIDER, OR AUTOMATED DATA TOOLS.

13.5 No Guarantee of Web Traffic, Visibility, or Business Results

NEXTMD MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND REGARDING THE AMOUNT OF WEB TRAFFIC, SEARCH ENGINE RANKINGS, VISIBILITY, IMPRESSIONS, CLICKS, LEADS, PATIENT INQUIRIES, APPOINTMENT BOOKINGS, REVENUE, OR ANY OTHER BUSINESS RESULTS THAT YOU MAY RECEIVE FROM YOUR USE OF THE PLATFORM OR FROM ANY LISTING, WHETHER FREE OR PAID. WITHOUT LIMITING THE FOREGOING:

(a) LISTING ON THE PLATFORM, WHETHER THROUGH A FREE OR PAID SUBSCRIPTION, DOES NOT ENTITLE ANY USER TO ANY MINIMUM VOLUME OF IMPRESSIONS, CLICKS, LEADS, PATIENT CONTACTS, INQUIRIES, APPOINTMENTS, OR ANY OTHER MEASURABLE BUSINESS OUTCOME;
(b) WEB TRAFFIC, SEARCH ENGINE RANKINGS, AND ONLINE VISIBILITY ARE INFLUENCED BY NUMEROUS FACTORS OUTSIDE OF NEXTMD'S CONTROL, INCLUDING SEARCH ENGINE ALGORITHMS, MARKET CONDITIONS, COMPETITION, USER BEHAVIOR, GEOGRAPHIC DEMAND, AND SEASONAL TRENDS;
(c) ANY PROJECTIONS, ESTIMATES, FORECASTS, OR ILLUSTRATIONS OF POTENTIAL TRAFFIC, LEADS, OR BUSINESS RESULTS PROVIDED BY NEXTMD OR ITS REPRESENTATIVES ARE FOR INFORMATIONAL PURPOSES ONLY, ARE INHERENTLY UNCERTAIN, AND DO NOT CONSTITUTE GUARANTEES, WARRANTIES, OR BINDING COMMITMENTS;
(d) PAID SUBSCRIPTION FEES ARE CONSIDERATION FOR ACCESS TO THE PLATFORM'S FEATURES AND SERVICES AS DESCRIBED IN THE APPLICABLE ORDER FORM, NOT FOR ANY GUARANTEED LEVEL OF TRAFFIC, LEADS, OR BUSINESS OUTCOMES; AND
(e) NEXTMD SHALL HAVE NO LIABILITY FOR ANY FAILURE TO ACHIEVE ANY PARTICULAR LEVEL OF WEB TRAFFIC, SEARCH ENGINE RANKING, VISIBILITY, PATIENT VOLUME, REVENUE, OR OTHER BUSINESS RESULT, AND SUCH FAILURE SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT OR ENTITLE YOU TO ANY REFUND, CREDIT, OR DAMAGES.

14. Indemnification

14.1 By NextMD (IP)

We will defend and indemnify you against third-party claims alleging that the Platform, when used in accordance with this Agreement, infringes U.S. intellectual property rights, and will pay resulting damages and reasonable attorneys' fees finally awarded or agreed in settlement. We may (at our option): (a) modify the Platform to be non-infringing; (b) procure a license; or (c) terminate the affected Service with a pro-rated refund of prepaid fees. We have no obligation for claims arising from combinations with non-NextMD items, User Data, Provider Content, or use not in accordance with this Agreement.

14.2 By You

You will defend and indemnify NextMD and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

(a) User Data or Provider Content you submit;
(b) your use of the Services in violation of this Agreement or applicable law;
(c) any dispute between you and a Healthcare Provider or between you and your patients, customers, or users;
(d) your submission of Protected Health Information or Sensitive Personal Information to the Platform;
(e) any claim that your Provider Content is false, misleading, defamatory, or violates any third party's rights; or
(f) your violation of any healthcare law or regulation, including but not limited to HIPAA, state medical practice acts, and advertising regulations.

14.3 Process

The indemnified party must promptly notify the indemnifying party, allow control of the defense, and provide reasonable assistance.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM: (I) THE SELECTION, CONDUCT, OR QUALITY OF ANY HEALTHCARE PROVIDER; (II) ANY MEDICAL TREATMENT, ADVICE, OR SERVICES PROVIDED BY A HEALTHCARE PROVIDER; (III) ANY INACCURACY IN PROVIDER CONTENT OR LISTINGS; OR (IV) ANY UNAUTHORIZED SUBMISSION OF PROTECTED HEALTH INFORMATION TO THE PLATFORM.

(b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY CUSTOMER TO NEXTMD FOR THE AFFECTED SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

These limits apply to all causes of action, in the aggregate, regardless of the theory of liability.

15.1 Release of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY RELEASE, ACQUIT, AND FOREVER DISCHARGE NEXTMD AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AND SUCCESSORS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

(a) YOUR INTERACTIONS, COMMUNICATIONS, TRANSACTIONS, OR DISPUTES WITH ANY HEALTHCARE PROVIDER LISTED ON THE PLATFORM;
(b) ANY MEDICAL TREATMENT, ADVICE, SERVICES, OR PRODUCTS PROVIDED OR RECOMMENDED BY ANY HEALTHCARE PROVIDER;
(c) ANY INACCURACY, ERROR, OR OMISSION IN ANY LISTING, PROVIDER CONTENT, OR AI-GENERATED CONTENT ON THE PLATFORM;
(d) ANY DECISION YOU MAKE BASED ON INFORMATION OBTAINED THROUGH THE PLATFORM; OR
(e) ANY ACT OR OMISSION OF ANY HEALTHCARE PROVIDER, WHETHER OR NOT ARISING FROM NEGLIGENCE, MALPRACTICE, OR WILLFUL MISCONDUCT.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THIS SECTION AND ANY LAW OF ANY OTHER JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO THE RELEASED CLAIMS.

16. Term, Termination & Survival

16.1 Term

This Agreement is effective as of the date you first access or use the Platform and continues until you cease all use of the Platform or until all subscriptions have expired or been terminated, whichever is later.

16.2 Termination for Cause

Either party may terminate this Agreement or an affected Order Form for material breach not cured within thirty (30) days after written notice, or immediately if the other party becomes insolvent or subject to bankruptcy or similar proceedings.

16.3 Termination for Convenience

Either party may elect not to renew a subscription by providing written notice at least thirty (30) days before the end of the then-current term.

16.4 Effect

Upon termination or expiration: (a) your right to access the Services ceases; (b) you will promptly pay all amounts due; (c) for Provider Subscribers, your Listing will be removed from the Platform within a commercially reasonable period; and (d) Section 7.4 governs post-termination data handling.

16.5 Survival

Sections 1, 3.3–3.4, 5–15, 16.4–16.5, and 17–27 survive termination.

17. Dispute Resolution, Arbitration & Class Action Waiver

17.1 Informal Resolution

Before filing a claim, the parties will use good-faith efforts to resolve disputes informally for sixty (60) days after written notice (email to legal@nextmd.ai is sufficient).

17.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The Federal Arbitration Act governs interpretation and enforcement. The seat and venue of arbitration will be Delaware (or by video conference at the arbitrator's discretion). Either party may bring an individual claim in small claims court in Delaware or the county of your principal U.S. place of business.

17.3 Class Action Waiver

CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NO CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE PERMITTED. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST NEXTMD.

17.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

17.5 Injunctive Relief

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its Confidential Information or intellectual property pending arbitration.

18. Compliance, Export & Sanctions

You will comply with applicable laws, including export control and sanctions regulations. The Platform may not be used in or by persons or entities located in comprehensively sanctioned jurisdictions or on denied party lists. The Software and Documentation are "commercial items" under FAR 2.101; rights for U.S. Government end users are limited to those set forth in this Agreement.

19. Healthcare Regulatory Compliance

19.1 Anti-Kickback and Stark Law

Nothing in this Agreement is intended to constitute or create a referral of patients, and no fees paid under this Agreement are intended to be, or shall be construed as, payment for the referral of patients or for ordering, recommending, or arranging for any items or services for which payment may be made in whole or in part under any federal or state healthcare program, including but not limited to Medicare, Medicaid, TRICARE, or any other government-funded healthcare program. The parties intend for all fees charged under this Agreement to reflect fair market value for bona fide advertising, marketing, and directory listing services, and such fees have been determined through arm's-length negotiation without regard to the volume or value of any patient referrals or other business between the parties.

No payment under this Agreement is intended to induce or reward the referral of patients or the generation of business involving any item or service reimbursable by a federal or state healthcare program. The parties intend for this Agreement to comply with the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)), the Stark Law (42 U.S.C. § 1395nn), the Eliminating Kickbacks in Recovery Act (18 U.S.C. § 220), and all applicable state anti-kickback, fee-splitting, and self-referral statutes. If any provision of this Agreement is found to violate any such law, the parties agree to negotiate in good faith to amend the provision to achieve compliance while preserving the economic intent of the original provision to the maximum extent permitted by law. Each party represents that it has not and will not offer, pay, solicit, or receive any remuneration, directly or indirectly, in exchange for or to induce the referral of patients or the purchasing, leasing, ordering, or arranging for any item or service covered by a federal or state healthcare program.

19.2 State Advertising Regulations

Provider Subscribers are solely responsible for ensuring that their Provider Content and Listings comply with all applicable state and federal laws and regulations governing the advertising of healthcare services, including but not limited to state medical board rules, consumer protection statutes, and FTC guidelines.

19.3 Corporate Practice of Medicine

Nothing in this Agreement is intended to, nor shall it be construed to, create an employment, agency, joint venture, or partnership relationship between NextMD and any Healthcare Provider. NextMD does not engage in the practice of medicine, and no provision of this Agreement shall be interpreted as permitting or requiring NextMD to exercise control or influence over the clinical judgment or medical decision-making of any Healthcare Provider.

19.4 Non-Discrimination

Healthcare Providers listed on the Platform must comply with all applicable non-discrimination laws, including but not limited to Title VI of the Civil Rights Act, Section 1557 of the Affordable Care Act, and the Americans with Disabilities Act. NextMD does not tolerate discrimination based on race, color, national origin, sex, age, disability, gender identity, sexual orientation, or any other protected characteristic.

20. Electronic Communications & Notices

We may contact you by email, in-product messages, or SMS (including for multi-factor authentication). You consent to receive these communications. Legal notices to NextMD must be sent to legal@nextmd.ai and to NextMD LLC at the address on file. We may also send transactional communications related to your account, Listing, or subscription that are not marketing in nature.

21. Force Majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, epidemics, labor actions, utility or internet failures, or government actions. Payment obligations are not excused.

22. Miscellaneous

22.1 Governing Law

Delaware law governs this Agreement, without regard to conflicts of laws rules, and subject to the Federal Arbitration Act for arbitration provisions.

22.2 Assignment

You may not assign this Agreement without our prior written consent. We may assign to an Affiliate or in connection with a merger, acquisition, or sale of assets.

22.3 Entire Agreement & Order of Precedence

This Agreement, the Order Form(s), and documents incorporated by reference (e.g., Privacy Policy, DPA) form the entire agreement. If there is a conflict, the Order Form controls, then this Agreement, then the Documentation.

22.4 Severability & Waiver

If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect. Failure to enforce a provision is not a waiver.

22.5 Headings & Independent Contractors

Headings are for convenience only. The parties are independent contractors.

22.6 Open-Source Components

The Platform may include open-source software governed by applicable licenses; to the extent of a conflict, those licenses control.

22.7 No Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement, except as expressly provided herein.

22.8 Notices of Changes

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Platform or by email at least thirty (30) days before the changes take effect. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

22.9 No Fiduciary, Advisory, or Agency Relationship

Nothing in this Agreement, and no use of the Platform, creates a fiduciary, advisory, agency, partnership, joint venture, employer-employee, franchisor-franchisee, or any other special relationship between NextMD and any user, Healthcare Provider, or other party, unless expressly stated in a separate written agreement executed by an authorized officer of NextMD. NextMD does not act as your agent, advisor, broker, or fiduciary in any capacity. Any information, recommendations, or outputs provided through the Platform are for general informational purposes only and do not constitute professional advice of any kind. You are solely responsible for your own decisions, and you should consult qualified professionals (including physicians, attorneys, accountants, and financial advisors) before making decisions based on information obtained through the Platform.

23. Accessibility

NextMD is committed to making the Platform accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing or using any part of the Platform due to a disability, please contact us at legal@nextmd.ai and we will work with you to provide the information or service you need through an accessible alternative.

24. California and State Privacy Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"), including the right to know what personal information we collect, the right to request deletion of your personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights. Residents of other states with comprehensive privacy laws (including but not limited to Colorado, Connecticut, Virginia, Utah, Texas, Oregon, Montana, and Iowa) may have similar rights under their respective state privacy statutes. To exercise any applicable privacy rights, please contact us at legal@nextmd.ai. We will respond to verified requests within the timeframes required by applicable law. For more information, please refer to our Privacy Policy.

25. International Users

The Platform is operated from, and intended for use within, the United States. If you access the Platform from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. By using the Platform from outside the United States, you consent to the transfer, processing, and storage of your information in the United States, where privacy protections may differ from those in your country of residence. NextMD makes no representation that the Platform, its content, or any Healthcare Provider Listings are appropriate, accurate, or available for use outside the United States.

26. Data Security Incident Notification

In the event of a security incident involving unauthorized access to, or disclosure of, your personal information that we are required to report under applicable data breach notification laws, we will notify affected users in accordance with the timeframes and methods required by applicable federal and state law. Notification may be provided by email to the address associated with your account, by conspicuous posting on the Platform, or by other means as required by law. You are responsible for ensuring that the contact information associated with your account is accurate and current so that we can reach you in the event of a security incident.

27. User Reviews and Ratings

27.1 User-Submitted Reviews

The Platform may allow users to submit reviews, ratings, comments, or other feedback regarding Healthcare Providers ("User Reviews"). User Reviews reflect the opinions of the individual submitting the review and do not represent the views, opinions, or endorsements of NextMD. NextMD does not verify the accuracy, truthfulness, or completeness of any User Review and disclaims all liability arising from User Reviews.

27.2 Review Standards

If you submit a User Review, you represent and warrant that: (a) the review is based on your genuine, firsthand experience with the Healthcare Provider; (b) the review does not contain false, misleading, defamatory, or libelous statements; (c) the review does not contain Protected Health Information or personally identifiable health information about any individual; (d) you have no financial interest in, employment relationship with, or competitive motive against the Healthcare Provider that is not disclosed in the review; and (e) the review complies with all applicable laws, including FTC guidelines regarding endorsements and testimonials.

27.3 Review Moderation

NextMD reserves the right, but has no obligation, to monitor, edit, or remove any User Review at any time in its sole discretion, including reviews that violate this Agreement, applicable law, or our content policies. NextMD may, but is not obligated to, use automated tools or artificial intelligence to moderate User Reviews.

Contact Information

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

NextMD LLC Email: legal@nextmd.ai Website: nextmd.ai