Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the NowMedical platform, website, mobile applications, and any related services (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference.

If you are using the Platform on behalf of an organization (such as a healthcare practice, clinic, or hospital), you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

If you do not agree to these Terms, you must not access or use the Platform.

2. Description of Service

NowMedical, Inc. (“NowMedical,” “we,” “our,” or “us”) operates a healthcare technology platform that connects patients with independently licensed healthcare providers. Our services include:

• Searching for and discovering healthcare providers by specialty, location, insurance, and availability
• Online appointment scheduling for in-person and telehealth visits
• Secure video telehealth consultations
• Secure messaging between patients and providers
• AI-powered health assistance tools (symptom checker, chatbot, clinical documentation)
• Prescription management and pharmacy integration
• Medical products marketplace
• Patient records management and health data portability

3. Eligibility

Age Requirements

• United States: You must be at least 18 years old to create an account. Minors between 13 and 17 may use the Platform through a parent or legal guardian's account.
• European Union / EEA: You must meet the minimum digital consent age in your member state (between 13 and 16 depending on country). Where the minimum age is not met, parental consent is required.
• United Kingdom: You must be at least 13 years old. Users between 13 and 18 require parental consent.
• Brazil: You must be at least 18 years old, or between 16 and 18 with parental consent, in accordance with the LGPD and Brazilian Civil Code.
• Canada: You must be at least the age of majority in your province or territory (18 or 19). Minors may access healthcare services with parental consent.
• Australia: You must be at least 18 years old, or have parental consent if under 18.
• All Other Regions: You must meet the minimum age of digital consent in your jurisdiction or have verifiable parental consent.

Geographic Availability

NowMedical is currently available in the United States (all 50 states and the District of Columbia). Telehealth services are subject to state licensure requirements and may not be available in all jurisdictions. International availability is expanding; please check the Platform for current coverage in your region.

Additional Requirements

• You must have the legal capacity to enter into a binding agreement.
• You must not be barred from using the Platform under any applicable law.
• Healthcare provider accounts require valid, active professional licensure.

4. Account Registration and Security

To use certain features of the Platform, you must create an account. By creating an account, you agree to:

• Provide accurate, current, and complete information during registration and keep it updated.
• Create a strong, unique password and maintain the confidentiality of your login credentials.
• Enable multi-factor authentication (MFA) where available, especially for provider accounts (MFA is mandatory for provider accounts).
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at security@nowmedical.com if you suspect unauthorized access to your account.
• Not share your account credentials with any third party or allow others to access your account.
• Not create multiple accounts for the same individual or create accounts using false identities.

We reserve the right to suspend or terminate accounts that violate these requirements or that we reasonably believe have been compromised.

5. Patient Terms

Booking Appointments

• Appointment availability displayed on the Platform is subject to change and confirmation by the provider.
• By booking an appointment, you agree to attend at the scheduled time or cancel in accordance with the cancellation policy.
• You are responsible for providing accurate health information to your provider.
• Insurance eligibility verification is informational; final coverage determination is made by your insurer.

Cancellation Policy

• 24+ hours before appointment: Full refund, no cancellation fee.
• 12–24 hours before appointment: 50% cancellation fee may apply.
• Less than 12 hours / same-day cancellation: Full appointment fee may be charged.
• Individual providers may set their own cancellation policies, which will be displayed at the time of booking.

No-Show Policy

If you fail to attend a scheduled appointment without prior cancellation (a “no-show”), you will be charged the full appointment fee. Repeated no-shows (three or more within a 6-month period) may result in a temporary restriction on booking new appointments.

Payment

You agree to pay all fees associated with appointments, services, and products purchased through the Platform. Payment is processed at the time of booking or as otherwise specified. Co-pays, deductibles, and other insurance-related charges are your responsibility.

6. Provider Terms

Healthcare providers using the Platform agree to the following additional terms:

Professional Responsibilities

• Maintain an active, unrestricted license in each jurisdiction where you provide services through the Platform.
• Comply with all applicable federal, state, and local laws, regulations, and professional standards of care.
• Provide truthful and accurate information about your qualifications, experience, and areas of practice.
• Maintain appropriate malpractice insurance coverage.
• Use the Platform in compliance with HIPAA and all applicable privacy and security regulations.

Credential Verification

All provider accounts are subject to credential verification, including license validation, board certification verification, DEA registration (where applicable), NPI verification, and background screening. NowMedical reserves the right to deny, suspend, or revoke provider access if credentials cannot be verified or if any disciplinary actions or restrictions are identified.

Compliance

• Providers must comply with HIPAA Privacy and Security Rules when using the Platform.
• Providers must execute a Business Associate Agreement (BAA) with NowMedical.
• Providers are responsible for obtaining informed consent from patients before telehealth visits.
• Providers must comply with applicable state telehealth regulations and prescribing laws.

Fee Structure

• NowMedical charges a platform fee as a percentage of each appointment fee processed through the Platform.
• The current fee schedule is provided in the Provider Agreement and may be updated with 60 days' notice.
• Provider payouts are processed on a bi-weekly basis via the payment method on file.
• Providers are responsible for their own tax obligations, including income tax reporting and self-employment taxes.

7. Telehealth Specific Terms

Informed Consent

By using our telehealth services, you acknowledge and consent to the following:

• Telehealth involves the use of electronic communications to enable healthcare providers to consult with you remotely.
• The information you provide may be used for diagnosis, therapy, follow-up, and/or education.
• Telehealth is not a replacement for in-person medical care in all circumstances, and your provider may recommend an in-person visit.
• While we use encryption and security measures, no technology is completely secure, and there is a risk of breach of confidentiality.
• You have the right to withhold or withdraw consent to telehealth services at any time.

Technical Requirements

• A stable internet connection with a minimum speed of 5 Mbps download / 3 Mbps upload.
• A device with a camera and microphone (computer, tablet, or smartphone).
• A supported web browser (latest versions of Chrome, Firefox, Safari, or Edge) or our mobile app.
• A private, quiet location for the duration of the visit.

Limitations

• Some conditions cannot be diagnosed or treated via telehealth and may require an in-person examination.
• Not all prescriptions can be issued via telehealth; controlled substance prescriptions are subject to DEA regulations and state law.
• Technical difficulties may interrupt or prevent a telehealth visit. In such cases, you will be offered to reschedule at no additional charge.
• Telehealth visits are subject to state licensure requirements; your provider must be licensed in the state where you are physically located at the time of the visit.

8. AI Tools Disclaimer

By using our AI tools, you acknowledge that:

• AI-generated content is for informational purposes only and should not be relied upon for medical decisions.
• The symptom checker provides general guidance based on reported symptoms and is not a diagnosis. It cannot replace a clinical evaluation by a qualified healthcare provider.
• AI-generated clinical documentation is a draft that must be reviewed, edited, and approved by the treating healthcare provider before becoming part of the medical record.
• AI models may produce inaccurate, incomplete, or outdated information. NowMedical does not guarantee the accuracy of AI-generated content.
• You should always consult a qualified healthcare provider for medical concerns, changes in your condition, or before making health-related decisions.
• AI tools do not create a healthcare provider–patient relationship between you and NowMedical.
• AI interactions may be logged for quality improvement purposes and are retained for 90 days as described in our Privacy Policy.
• Data sent to AI models is anonymized and de-identified in accordance with HIPAA Safe Harbor and GDPR pseudonymization standards.

9. Payments and Refunds

Payment Processing

• All payments are processed securely through Stripe, a PCI DSS Level 1 certified payment processor.
• NowMedical does not store full credit card numbers on our servers.
• Prices are displayed in US dollars (USD) unless otherwise specified. International users may be charged in their local currency with applicable exchange rates.
• You authorize NowMedical to charge your payment method for all fees incurred through the Platform.

Refund Policy

• Cancellations 24+ hours before appointment: Full refund within 5–10 business days.
• Cancellations 12–24 hours before appointment: 50% refund; 50% cancellation fee retained.
• Cancellations less than 12 hours / no-shows: No refund.
• Technical issues: If a telehealth visit cannot proceed due to platform technical issues, a full refund or free reschedule will be offered.
• Provider cancellation: If a provider cancels an appointment, you will receive a full refund within 5–10 business days.
• Medical Store products: Physical products may be returned within 30 days of delivery in original condition. Prescription medications are non-refundable.

Dispute Resolution

If you believe a charge is incorrect, please contact us at billing@nowmedical.com within 60 days of the charge. We will investigate and respond within 10 business days. If you are not satisfied with the resolution, you may escalate the dispute through the process described in Section 16.

10. Intellectual Property

The Platform, including all content, features, functionality, software, designs, graphics, trademarks, service marks, logos, and other intellectual property displayed on or made available through the Platform, are owned by NowMedical, Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

• You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of any part of the Platform without our prior written consent.
• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.
• NowMedical's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NowMedical, Inc.
• All third-party trademarks are the property of their respective owners.

11. User Content and Conduct

User Content

You retain ownership of content you submit through the Platform (reviews, messages, photos, etc.). By submitting content, you grant NowMedical a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content in connection with operating and improving the Platform.

Prohibited Conduct

You agree not to:

• Impersonate any person or entity, including healthcare providers or NowMedical staff.
• Share your account credentials or allow others to access your account.
• Use the Platform for any fraudulent, unlawful, or unauthorized purpose.
• Attempt to reverse-engineer, decompile, or compromise Platform security or infrastructure.
• Harass, threaten, defame, or intimidate other users, providers, or staff.
• Post false reviews, misleading information, or spam.
• Upload malicious software, viruses, or other harmful code.
• Scrape, data-mine, or use automated tools to access Platform data without authorization.
• Interfere with or disrupt the Platform or servers.
• Use the Platform to practice medicine without a valid license.
• Violate any applicable law, regulation, or third-party rights.

We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts of users who engage in prohibited conduct.

12. Privacy

Your privacy is critically important to us. Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

Key related documents include our Cookie Policy and Data Processing Agreement (for providers and business partners).

13. HIPAA and Health Information

NowMedical handles all Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA), including the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule.

• We maintain Business Associate Agreements (BAAs) with all third-party service providers who access PHI.
• PHI is encrypted at rest (AES-256-GCM) and in transit (TLS 1.3).
• Access to PHI is restricted through role-based access controls and comprehensive audit logging.
• We maintain an incident response plan and will notify affected individuals of any breach as required by law.
• Healthcare providers on the Platform are Covered Entities and are independently responsible for their HIPAA compliance obligations.

For a detailed description of how we handle your health information, please review our HIPAA Notice of Privacy Practices.

14. Disclaimers and Limitation of Liability

Disclaimers

• NowMedical does not warrant or guarantee the qualifications, competence, or quality of care of any healthcare provider on the Platform.
• NowMedical does not endorse or recommend any specific provider, treatment, drug, or medical device.
• Information on the Platform, including AI-generated content, is for informational purposes only and does not constitute medical advice.
• Insurance information and cost estimates are approximate and subject to final determination by your insurer.

Limitation of Liability

In no event shall NowMedical's total aggregate liability to you exceed the greater of (a) the amounts you have paid to NowMedical in the 12 months preceding the claim, or (b) one hundred US dollars ($100.00). This limitation applies to the fullest extent permitted by law and does not affect any liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless NowMedical, Inc. and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Platform.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Any content you submit, post, or transmit through the Platform.
• Your negligence or willful misconduct.

For healthcare providers, this indemnification obligation extends to claims arising from your provision of healthcare services through the Platform, including claims of malpractice, misdiagnosis, or improper treatment.

16. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. For users located in the European Union, this choice of law shall not deprive you of the protection afforded by mandatory provisions of the law of your country of residence.

Binding Arbitration

You and NowMedical agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (except for disputes relating to intellectual property rights) shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Healthcare Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or at another mutually agreed location.

• The arbitrator's decision shall be final and binding.
• Each party shall bear its own costs; the arbitrator may award attorneys' fees to the prevailing party.
• The arbitration shall be conducted on an individual basis, not as a class, consolidated, or representative action.

Class Action Waiver

YOU AND NOWMEDICAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Exceptions

• Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.
• Claims within the jurisdiction of a small claims court may be brought in that court.
• This arbitration agreement does not apply where prohibited by applicable law (including certain EU consumer protection laws).
• EU/EEA consumers may use the European Online Dispute Resolution Platform (ec.europa.eu/odr).

Jurisdiction

For disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware. For EU/EEA consumers, this does not affect your right to bring proceedings in your local courts.

17. Modifications to Terms

NowMedical reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the “Effective Date” and version number at the top of this page.
• Notify registered users by email at least 30 days before material changes take effect.
• Display a prominent notice on the Platform.
• Where required by law, obtain your affirmative consent to material changes.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may delete your account.

18. Contact Information

If you have questions or concerns about these Terms of Service, please contact us: