Care Nimble Terms of Use

IMPORTANT NOTICE: WHEN USING OUR SERVICES, YOU ARE AGREEING TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WAIVING RIGHTS TO CLASS ACTIONS AND JURY TRIALS (DETAILS ARE INCLUDED IN SECTION 3.4) 

THESE SERVICES ARE NOT FOR EMERGENCIES. If you're experiencing a medical emergency, call 911 or go to the nearest emergency room. If you're having thoughts of harming yourself or others, call 988 (National Suicide Prevention Hotline) immediately.

Introduction

These Terms govern your use of our services and websites (www.carenimble.com and related sites), collectively called the "Platform."

The Platform is owned by Care Nimble LLC, and its subsidiaries. Health services are provided by Care Nimble Medical Groups (in Oregon, Washington, and California). Care Nimble and the Medical Groups are separate entities with no ownership interest in each other.

By using our Platform or services, you accept these Terms and our Privacy Policy. If you disagree, please exit the Platform immediately.

In these Terms, "you" refers to you as the user, your dependents, anyone accessing your account, and your heirs and successors.

1. Subscription Terms

These Membership Terms form an agreement between you and the appropriate Care Nimble Medical Group based on your location. In this section, "we," "us," and "our" refer to Care Nimble Medical Groups.

1.1 Service Description

We provide clinical services for mental and behavioral health conditions through telehealth, delivered by qualified providers. Your Membership gives you access to:

• Telehealth services including diagnosis, treatment, and medication management

• Non-clinical support services like care monitoring and self-guided resources

Services may change over time. Prescribed medications and most lab tests are not included in your Membership and will incur additional fees.

About Telehealth: Telehealth delivers healthcare through electronic communications between providers and patients in different locations. These Terms include a Telehealth Informed Consent explaining risks and benefits that you agree to. 

Important: These services are not for emergencies. If you have an emergency, call 911. If you're considering self-harm or harming others, call 988 or go to the nearest emergency room.

Not Insurance: Our Membership is not an insurance product or a substitute for insurance. Your payments are not insurance premiums, and our services don't qualify as minimum essential coverage under the Affordable Care Act.

Telehealth Informed Consent: Telehealth lets you connect with healthcare providers remotely using secure electronic communications. This document explains how telehealth works, its benefits, limitations, and your rights when using Care Nimble's platform.

Care Nimble provides the technology platform and administrative support, but your actual healthcare is delivered by licensed healthcare providers ("Providers") who work with Medical Groups that use our platform. Care Nimble doesn't diagnose conditions, provide healthcare services, or control your Provider's medical decisions.

Depending on your state, your Provider might be a physician, nurse practitioner, therapist, counselor, or other licensed healthcare professional. They can provide consultations, assessments, diagnoses, treatment recommendations, prescriptions when appropriate, and referrals to in-person care.

When using our platform, you may:

• Schedule appointments

• Complete and share health forms and information

• Participate in two-way or store-and-forward audio/video communications with your Provider

• Receive treatment recommendations and prescriptions

• Access follow-up care

Telehealth offers several advantages:

• Convenient access to care from your preferred location

• Typically lower costs than in-person visits

• Better engagement with your Provider

• Enhanced privacy without public waiting rooms

• Easy access to follow-up care

• More efficient healthcare management

TELEHEALTH IS NOT FOR EMERGENCIES. If you're experiencing a medical emergency, call 911 or go to the nearest emergency room. If you're having thoughts of harming yourself or others, call 988 (National Suicide Prevention Hotline) immediately.

Telehealth works best for certain conditions. Your Provider will determine if your needs are appropriate for virtual care. Our Providers complement but don't replace your primary care physician, and we encourage you to maintain a relationship with a local primary care provider.

We use industry-standard security measures to protect your information. All services are delivered through secure, HIPAA-compliant connections to safeguard your health information.

While we strive to provide seamless care, please be aware that:

• Technical issues may occasionally delay your care

• Your Provider might determine that your condition requires an in-person visit

• In rare cases, security measures could fail (though we take extensive precautions)

• Your insurance may not cover telehealth services (in which case you can pay directly)

• We'll try our best to match you with a suitable Provider, but can't guarantee all preferences will be met

• Your Provider may determine that medication isn't appropriate for your situation

You have the right to:

• Decline telehealth services and seek alternatives

• Understand your Provider's role and qualifications

• Know who will be present during your telehealth visit

• Request a different Provider (though this may cause delays)

• Additional rights based on your state's laws

By agreeing to this document, you acknowledge that:

• You understand the benefits and risks of telehealth

• You consent to receive care through telehealth

• You can withdraw your consent at any time

• You're aware that telehealth isn't for emergencies

• You can choose in-person care instead

• You've had the opportunity to review your Provider's credentials

• You understand that technical failures may occur

• You agree to provide accurate and complete health information

• You understand that prescriptions are at your Provider's discretion

While your communications with your Provider are generally confidential, there are some exceptions where information may be disclosed:

• To prevent serious harm to you or others

• When required by legal proceedings

• When required by law

• For certain public health activities

• For specific research, donation, or healthcare operations

We use AI to improve healthcare delivery. AI may help with administrative tasks like note-taking and chart reviews, but will never diagnose you or personalize treatment without your Provider's direct involvement. Your personal information remains protected when AI tools are used.

Depending on your state, additional rules and rights may apply. You can contact your state's medical board if you need to file a complaint or have questions about your care.

1.2 Your Account

You must create a personal account to access our services. Your account:

• Must contain truthful, accurate information

• Is for your use only

• Cannot be shared with others

• Is your responsibility to keep secure

Age Requirement: You must be at least 18 years old to use our services. If we discover you're under 18, we'll delete your information.

We may request additional information to provide services and may refuse service if we suspect fraud or illegal activity, including falsified medical information.

You can deactivate your account by contacting support@carenimble.com. Canceling a Membership doesn't automatically deactivate your account.

1.3 Payments

Payment Information: You authorize us to charge your payment method for all fees. You're responsible for providing accurate payment information and updating it if needed.

If payment fails, we may suspend or cancel your Membership until valid payment is received.

Membership and Recurring Payments: Your Membership fee gives you access to services for a selected period and will automatically renew unless you cancel. You'll be charged at the beginning of each period regardless of service usage.

Other Fees: You agree to pay all costs not included in the Membership fee, such as medication costs, lab tests, missed appointment fees, or insurance-related costs.

Trials and Promotions: We may offer free trials or promotional rates. After these periods end, you'll be charged the regular rate unless you cancel. You may only use one free trial or promotion.

Insurance: If you have health insurance, your plan may cover some services. By providing insurance information, you authorize us to submit claims on your behalf. You remain responsible for any costs not covered by insurance.

We collect estimated payments based on your insurance information, but final costs depend on your insurance company's determination. You're responsible for all charges not covered by insurance.

Fee Changes: We may change our fees with notice. Your continued Membership after changes take effect means you accept the new rates.

1.4 Cancellations and Refunds

Canceling: You can cancel anytime by clicking "Cancel Membership" in your account. Cancellation takes effect at the end of your current billing period.

No refunds are provided for partial periods, but you'll maintain access until the end of your current period. We reserve the right to cancel your Membership at any time.

After cancellation, all services will end, but you'll still have access to your health information. Please talk with your provider before stopping any medication.

Refunds: All purchases are final and non-refundable once paid, except where prohibited by law. We may issue refunds at our discretion, but this doesn't obligate us to issue refunds in the future.

1.5 Prescriptions

You'll receive prescriptions only after consulting with a licensed provider who determines it's appropriate for you.

Important Notes:

• Our providers don't prescribe controlled medications (like Xanax or Adderall)

• Prescriptions are for your personal use only

• You may choose any pharmacy to fill your prescription

• If misuse is suspected, providers may require laboratory testing

• The cost of medication is not included in your Membership fee

2. Platform Terms

Care Nimble LLC owns and operates the technology platform used by Care Nimble Medical Groups. In this section, "we," "us," and "our" refer to Care Nimble.

Care Nimble is not a healthcare provider. The Medical Groups and Providers, not Care Nimble, are responsible for your care.

2.1 Platform Content and Functionality

Content: Except for advice from providers, platform content is for informational purposes only and doesn't constitute medical advice.

Device Responsibility: You're responsible for maintaining your device, software, and network access. We're not liable for errors resulting from modified devices or operating systems.

Security: You may not compromise the platform's security or interfere with its functioning through unauthorized software, hacking, viruses, or other harmful activities.

2.2 Intellectual Property

We grant you a limited license to access the platform while your account is active. Except for your own content, all platform materials belong to Care Nimble, the Medical Groups, or their licensors.

Your Content: You own the content you submit, but grant us a license to use it to operate the platform and provide services. You agree not to submit false, unlawful, or harmful content.

Feedback: Any feedback you provide is voluntary, and we may use it without obligation to you.

2.3 Communications

Text Messages and Calls: By providing your phone number, you consent to receive calls and messages about appointments, treatment, and transactions. These may be automated. You can opt out of marketing messages by replying "STOP."

Security Note: While we encrypt push notifications, standard text messages and emails are not encrypted. By using these methods, you accept the security risks involved.

3. General Terms

3.1 Rules and Prohibitions

The following are prohibited:

• Impersonating others or creating multiple accounts

• Allowing unauthorized access to your account

• Harassing providers or staff

• Recording appointments without consent

• "Doctor shopping" (getting prescriptions from multiple providers without disclosure)

• Using the platform for unlawful purposes

• Violating privacy rights

• Sending spam or unauthorized promotional material

We may suspend or terminate your account at any time if you violate these Terms.

3.2 Service Availability and Export Compliance

Care Nimble and the Care Nimble Medical Groups operate under state and federal regulations, so not all services may be available in your area. By using our platform, you confirm that you're legally allowed to receive our services under U.S. law and any local laws where you're located. Our services are only available to users in specific U.S. states (as listed on our platform). Using our services from locations where they're not offered or where doing so would be illegal is not permitted.

Our services and related data are subject to U.S. export control laws. You confirm that you are not:

• Located in an embargoed country (currently including Cuba, Crimea region of Ukraine, Sudan, Iran, North Korea, and Syria)

• Under the control of an entity based in these locations

• On any U.S. government restricted parties lists

• Subject to special export controls

You're responsible for complying with all applicable trade restrictions when using our services.

3.3 Warranties, Liability, and Your Agreements With Us

Your use of our platform and services is voluntary and at your own risk. We provide our platform and services "as is" and "as available" without warranties of any kind. This means we don't guarantee that:

• The platform will work perfectly or be available all the time

• The information will be completely accurate or up-to-date

• The platform will be free from technical issues, cyber attacks, or other problems

You should implement your own data backup and security procedures.

We cannot guarantee that prescriptions will be written for you. You acknowledge that using or misusing products obtained through our platform (including medications) may have unintended consequences. We cannot accept liability for what happens when you use or misuse any products or services from our platform, including any injuries or damages.

To the extent allowed by law, Care Nimble, the Care Nimble Medical Groups, and our related parties are not responsible for:

• Indirect, incidental, or consequential damages

• Lost profits or data

• Business interruption

• Personal or emotional injury damages

• Any issues arising from third-party services

If you're unhappy with our platform or services, your main option is to stop using them. If any limitations above aren't enforceable, our maximum liability to you is limited to $500.

Any claims related to your use of the platform must be brought within one year. By using our platform, you waive your right to participate in class action lawsuits for any related damages.

You release Care Nimble, the Care Nimble Medical Groups, and our related parties from claims involving privacy rights, publicity rights, defamation, personal injury, property damage, negligence, and other legal issues arising from your use of our platform.

If you're a California resident, you waive California Civil Code Section 1542 (which would otherwise allow you to bring unknown claims). If you live elsewhere, you waive any similar laws in your jurisdiction.

You agree to defend, indemnify, and hold harmless Care Nimble, the Care Nimble Medical Groups, and third parties offering products through our platform from any claims resulting from:

• Your violation of these Terms

• Your use or misuse of our platform, services, or features

• Your fraud, misrepresentations, law violations, negligence, or intentional misconduct

• Content you provide to us

• Communications you initiate to other users or third parties

• Your infringement of others' intellectual property or privacy rights

3.4 Binding Arbitration and Class Action Waiver
IMPORTANT: This section affects your legal rights.

3.4.1 Initial Dispute Resolution

If you have concerns, please contact our customer support team first. This step is required before starting any formal dispute process.

To start this process:

1. Send a written description of your dispute to support@carenimble.com including:

• Your full name

• Mailing address

• Email address associated with your account

• Description of your claim

• The specific relief you're seeking

For disputes we initiate, we'll send a description to your account email. If the dispute isn't resolved within 60 days after receiving the written description, we'll proceed to the next steps below.

This informal process is required before any formal proceedings. Any applicable statutes of limitations will be paused during this process.

3.4.2 Binding Arbitration

If the initial dispute resolution doesn't work, either party may start binding arbitration as the only way to resolve claims, with some exceptions noted below.

You agree that all disputes related to these Terms, our platform, services, or your relationship with us will be resolved exclusively through binding arbitration rather than in court. This includes claims that arose before these Terms existed and claims that may arise after they end.

These arbitration terms also apply to disputes with our healthcare providers, pharmacies, and labs.

The Federal Arbitration Act governs these terms. The arbitrator, not any court, has exclusive authority to resolve disputes about these Terms, including whether a claim must be arbitrated.

By agreeing to these Terms, you, Care Nimble, and related parties are giving up the right to a jury trial.

3.4.3 Location

Arbitration will take place in Washington County, Oregon, unless all parties agree otherwise or the arbitrator determines this would be unreasonably burdensome. You agree to submit to the personal jurisdiction of courts in Washington County, Oregon for purposes related to arbitration.

3.4.4 No Class Actions

You, Care Nimble, and related parties agree that any arbitration will be conducted individually, not as a class action. The arbitrator can only award relief to the individual party seeking it.

If a court determines that this limitation isn't enforceable for a particular remedy, that remedy alone may be sought in court, while other claims proceed in arbitration.

3.4.5 Exceptions

Either party may go to court to protect intellectual property rights. Either party may also take disputes to small claims court if they qualify. Seeking such relief won't waive the right to arbitration for other matters.

3.4.6 Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation (NAM) before a single arbitrator. If NAM isn't available, we'll select an alternative provider.

Key points about the arbitration process:

• You're responsible for your attorney fees unless rules or law provide otherwise

• NAM may reduce fees where appropriate

• The arbitrator can impose sanctions for frivolous claims

• For claims under $10,000 without injunctive relief, arbitration may be conducted by document submission only

• For larger claims, either party may request a hearing (by video/phone)

• For mass filings (100+ similar claims), cases will be processed in batches of 100

3.4.7 Right to Opt Out; 30-Days

You have the right to opt out of these arbitration provisions by sending written notice to support@carenimble.com within 30 days of February 15, 2025 or when you create your account, whichever is later.

Your notice must include your full name, mailing address, account email, and a clear statement that you want to opt out of these arbitration terms. If you opt out, Care Nimble and related parties won't be bound by these provisions either.

3.4.8 Changes to This Section

Care Nimble will provide 30 days' notice of any material changes to these arbitration terms. Changes become effective on the 30th day and apply to claims not yet filed. If you continue using the platform after that, you agree to the revised terms.

3.5 Third-Party Services

Our platform may connect you with third-party services, products, or resources. Your use of these third-party offerings and any interactions with them are solely between you and those third parties.

Care Nimble and the Care Nimble Medical Groups aren't responsible for any loss or damage resulting from your use of third-party services or your interactions with them. We're not obligated to get involved in disputes between you and third parties.

3.6 Miscellaneous Terms

3.6.1 Electronic Communications

By using our platform, you agree to conduct business with us electronically. This means agreements can be signed electronically, and notices we provide electronically satisfy legal writing requirements.

3.6.2 Survival

Certain provisions of these Terms will remain in effect even after termination, including payment obligations, intellectual property rights, off-platform communications rules, disclaimers, limitations of liability, arbitration terms, and these miscellaneous terms.

3.6.3 Governing Law

These Terms are governed by Oregon state law. For claims not subject to arbitration, you agree to the exclusive jurisdiction of courts in Washington County, Oregon.

3.6.4 Force Majeure

We're not responsible for platform limitations, delays, or failures caused by third-party communication networks or other factors outside our control, including acts of God, terrorism, war, epidemics, pandemics, government actions, regulatory changes, network failures, power shortages, natural disasters, or civil disorder.

3.6.5 Changes to Terms

We may update these Terms occasionally. If we make significant changes, we'll notify you as required by law. By continuing to use our platform after changes take effect, you agree to the revised terms.

3.6.6 Severability and Complete Agreement

If any part of these Terms is found unenforceable, that part will be limited or eliminated while the rest remains in effect. These Terms represent the entire agreement between us regarding their subject matter.

3.6.6 No Waiver

If we don't enforce a provision of these Terms, that doesn't mean we're waiving our right to do so in the future.

3.6.7 Assignment

You can't transfer your rights or obligations under these Terms without our written consent. We can transfer our rights and obligations freely.

3.6.8 Third Party Rights

Care Nimble is a third-party beneficiary of the Membership Terms, and the Care Nimble Medical Groups and Providers are third-party beneficiaries of the Platform Terms. Otherwise, these Terms don't create rights for any other third parties except as specifically stated.

3.6.9 Contact Us

For questions about our platform, services, or these Terms, please contact us:

• Email: support@carenimble.com

• Mail: Care Nimble Inc. / Care Nimble Medical Groups, 14845 SW Murray Scholls Dr, Suite 110 #714, Beaverton, OR, 97007, United States

This contact information may change if we update these Terms.