Terms of Service

IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL MEDICAL PROVIDER OR DIAL 9-1-1. TELEHEALTH IS CONTEMPLATED ONLY FOR SPECIFIC, NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS.

We understand the importance of confidentiality and privacy regarding your information. Please refer to our Privacy Policy for information regarding how we collect, use, and disclose information about you.

These Terms of Service constitute a legally binding agreement made between you (“you”), and NuuVim. These Terms of Service and the other terms and policies referred to herein govern your access to and use of the Site and Services. Even though you may have arrived at the Site or Services through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms of Service are entered into between you and NuuVim. You agree that by accessing the Site or Services, you have read, understood, and agreed to be bound by all of these Terms of Service.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE AND THE OTHER TERMS AND POLICIES REFERRED TO HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT, NOTICE OR COMMUNICATION ISSUED BY YOU TO NUUVIM AT ANY TIME ARE HEREBY OBJECTED TO AND REJECTED BY NUUVIM, SHALL BE WHOLLY INAPPLICABLE TO YOUR ACCESS TO AND USE OF THE SITE, AND SHALL NOT BE BINDING IN ANY WAY ON NUUVIM.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service and to the other terms and policies referred to herein (including, without limitation, the Privacy Policy) (the “Additional Terms”) at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service or the “Last Updated” date of such Additional Terms, as the case may be, and, except to the extent prohibited by mandatory applicable law, you waive any right to receive specific notice of each such change. It is your responsibility periodically to review these Terms of Service and the Additional Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service and in any revised Additional Terms by your continued use of the Site or Services after the date such revised Terms of Service or revised Additional Terms, as the case may be, are posted. If you disagree with these Terms of Service or any Additional Terms, your sole and exclusive remedy is to discontinue your use of the Site or Services.

You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software to use the Site. Fees and data charges may apply to your use of the Site and the Internet.

NuuVim does not provide any medical services, including via the Site. The Services may include access to one or more professional medical organizations, such as affiliated medical groups (“Medical Groups” or “Groups”) who provide healthcare services (“Healthcare Services”) through the Site. These Groups employ or contract with licensed medical providers and other clinicians (“Providers”) who offer certain Healthcare Services via the Site. All Providers who deliver Healthcare Services through the Site are (1) independent practitioners contracted or employed with affiliated Medical Groups that coordinate with NuuVim, and (2) solely responsible for the Healthcare Services you receive.

Accessing the Site does not create any patient-provider relationship. The Site is structured for use specific to certain Healthcare Services and is not, and should not be considered, comprehensive medical advice, care, diagnosis, or treatment. In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, your Provider may determine that your diagnosis or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Services. In such a case, you may be notified that you will be unable to use the Services for the particular issue for which you requested assistance, along with additional information regarding next steps.

NUUVIM IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE PROVIDERS OR MEDICAL GROUPS.

NuuVim is not licensed to practice medicine and does not provide any healthcare service. NuuVim does not control or interfere with the provision of Healthcare Services provided by any Provider, including medically trained clinicians and their affiliated Medical Groups, each of whom is independent from NuuVim and solely responsible for the healthcare service you receive. You understand and agree that NuuVim is not responsible for any Healthcare Service provided by a Provider or their Medical Group, including any personal injury or property damage. You further understand and agree that after reviewing your information, the Provider in their independent professional judgment, will determine whether to prescribe medication, other treatments, or recommend that you consult alternative clinical resources.

By accepting these Terms of Service, you understand and agree that NuuVim is not acting as a pharmacy, nor does NuuVim control or interfere with any such services. You understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other third-party entity.

Currently offering Services in all 50 states plus Washington D.C. Some Services may not be available in all 50 states or Washington D.C. Subject to change.

By accepting the Terms of Service, you agree and consent to NuuVim sending you disclosures, notices, messages, reports, and other communications electronically. It is your responsibility to monitor these communications. Any notices, agreements, disclosures, or other communications sent to you electronically will satisfy legal communication requirements. You are responsible for maintaining copies by saving or printing them. You agree not to hold NuuVim or any affiliate liable for your failure to read or comply with any such communications or treatment recommendations.

The Site is hosted in the United States. It is not intended for distribution to or use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or subject NuuVim to any registration requirement. Users accessing the Site from other locations are solely responsible for compliance with applicable laws.

The Site is intended for users who are at least 18 years old or are otherwise able to independently consent to the requested Healthcare Services in their jurisdiction. Persons under 18 or not able to independently consent may not use or register for the Site or Services.

The Site facilitates Healthcare Services by providing administrative and technical support, such as the collection of healthcare information, appointment scheduling, and secure communication with Providers. Although NuuVim is not a “Covered Entity” under HIPAA, it may act as a “business associate” of a Covered Entity under specific circumstances and may be subject to HIPAA for certain data.
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You consent to NuuVim sharing your information with affiliated Medical Groups, Providers, pharmacies, labs, and diagnostic companies for treatment and coordination of care. Protected Information will be handled in compliance with HIPAA and state-specific privacy laws, as applicable. NuuVim may use non-Protected Information per its Privacy Policy.

By using the Services, you acknowledge receipt of the Notice of Privacy Practices from your Provider and Medical Group. If HIPAA applies, only the information used for treatment or fulfillment purposes will be considered Protected Information.

NuuVim reserves the right to investigate, suspend, or terminate your account for misuse or unlawful conduct. You agree not to:
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• Impersonate any person or entity
• Sell tobacco products
• Use the Site for illegal activities or in illegal jurisdictions
• Launder money or obscure illicit transactions
• Use bots, spiders, or automated tools to scrape or interfere with the Site
• Collect user information without consent
• Transmit viruses or malicious code
• Forge headers or otherwise disguise the origin of content

By using the Site, you represent and warrant that:
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1. All registration information is accurate and current
2. You will update your information as needed
3. You have legal capacity to agree to these Terms
4. You are at least 18 or can independently consent to the Healthcare Services
5. You will not use bots or automation
6. You will not use the Site for unlawful purposes
7. You will comply with all laws and regulations

Violation of any of the above may result in suspension or termination of your account.

NuuVim retains all proprietary rights in the Site and its content, including trademarks, copyrights, and other intellectual property. You agree not to reproduce, modify, or distribute any part of the Site without prior written consent.

Users pictured on the Site may have been compensated for their testimonials and may have achieved some, none, or all of their results through the NuuVim program. Results may vary.

You may not post, distribute, or reproduce copyrighted material without permission. Repeat infringers’ accounts may be terminated. NuuVim respects the intellectual property rights of others and expects the users of its services to do the same. If you believe that any content appearing in the Services and/or User Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe your copyright has been infringed, contact NuuVim’s Copyright Agent at:

NuuVim LLC
ATTN: Copyright Infringement Notification
ZenBusiness Inc.
5511 Parkcrest Dr.
Suite 103
Austin, TX 78731
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Email Copy to: Legal@NuuVim.com

NuuVim may modify, suspend, or discontinue the Site or any of its features at any time without notice. NuuVim may also block certain users or IP addresses to protect Site integrity. NuuVim is not liable for any such changes or disruptions.

The Site is provided “as is” and “as available.” NuuVim disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted access. You access materials at your own risk and are responsible for any resulting damage.

Third-party opinions or content made available on the Site are solely the responsibility of their authors. NuuVim does not guarantee the accuracy of third-party content and disclaims liability for reliance on such information.

The Site may link to third-party websites or display third-party ads and promotions. NuuVim does not control or endorse external websites and is not responsible for their content, availability, or practices. Any dealings with third parties are solely between you and the third party, and NuuVim is not liable for any resulting issues, including disputes or losses.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

These Terms are governed by the laws of the State of Texas, without regard to conflicts of law principles.

If a dispute arises between you and NuuVim, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: Legal@NuuVim.com. For any dispute that NuuVim initiates, we will send our written description of the dispute to the email address associated with your Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and NuuVim agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Collin County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dallas County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal dispute resolution and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NuuVim may deliver notices (including changes to these Terms) by any reasonable method, including email, text message, SMS, regular mail, or by posting within the Site. You are deemed to have received notice if you access the Site in an authorized manner. You are responsible for maintaining updated contact information and checking for communications.

You agree to pay all applicable fees for Services and Healthcare Services based on the terms presented during your transaction. Fees are subject to change at NuuVim’s discretion. By providing your payment information, you authorize NuuVim, its affiliates, or third-party processors to retain and charge your payment method for:

• Services and Healthcare Services
• Co-pays, deductibles, missed appointments, or failed payments
• Subscription Services

NuuVim may collect fees on behalf of Providers or Medical Groups. If your payment method fails or expires, you may be asked to provide an alternative. Services may be withheld until payment is received.
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Subscription Services automatically renew based on the billing cycle presented during checkout. You may cancel at any time by contacting your Provider or emailing: patientsupport@NuuVim.com. Fees are non-refundable unless otherwise stated in a return/refund policy.
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You are responsible for all charges, including unauthorized charges made under your account.

From time to time, we may offer some users trial, discounted, or other promotional Subscription Fees. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion, except as otherwise stated in the promotional offer. If your Subscription is ever canceled or terminated for any reason, and you purchase an additional Subscription, you may not be eligible to take advantage of another promotional rate offer. If your Subscription includes a discount or promotional rate, you will be charged the promotional rate for the relevant number of Subscription periods, and upon completion of the promotional period, your Subscription will continue to automatically renew at the then-current Subscription Fee. To cancel and avoid being charged the full rate, you must notify us before the discount or promotional period ends. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

These Terms remain in effect while you use the Services. You may terminate them at any time by discontinuing use. NuuVim may suspend or terminate your access without notice for any reason, including violations of these Terms.

The following sections survive termination: Disclaimers, Limitation of Liability, Indemnity, Governing Law, Entire Agreement, and Assignment.

Subject to applicable law, NuuVim may maintain or destroy any materials or communications uploaded or posted to the Site under its internal data retention policies. Upon termination, NuuVim has no obligation to continue providing Services, except where a Medical Group has ongoing obligations to you (e.g., access to records or continuity of care under legal, ethical, or professional standards). You agree not to attempt to use the Services after termination and will indemnify NuuVim if you violate this restriction.

These Terms of Service, together with any Additional Terms, constitute the entire agreement between you and NuuVim regarding the Site and Services. Section titles are for reference only and have no legal effect.

If any provision of these Terms is held to be invalid, the remaining provisions remain in full force and effect. NuuVim’s failure to enforce any right or provision does not waive that right or provision.

Your online account is non-transferable, and your rights to it terminate upon your death. These Terms do not create a partnership, joint venture, agency, or employment relationship between you and NuuVim. You may not bind NuuVim in any way.

You may not assign your rights under these Terms. Any such attempt is void. NuuVim may assign or transfer these Terms (in whole or in part) to an affiliate or third party without notice or consent, including as part of a merger, acquisition, or asset sale.