use of NexiumCare

Paid subscriptions to the Service are governed by a written or click-through order form executed between NexiumCare and the Customer. Order forms specify the subscription term, plan, fees, and any custom terms.

In the event of a conflict between an order form and these Terms, the order form controls.

Subscription fees are billed in advance, monthly or annually, as specified in the order form. Fees are non-refundable except as expressly stated. Customers are responsible for all applicable taxes other than taxes on NexiumCare's net income.

Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. NexiumCare may suspend the Service for accounts more than 30 days past due, after written notice.

Customer Data — including Protected Health Information (PHI) — remains owned and controlled by the Customer. NexiumCare processes PHI as a "business associate" under HIPAA, governed by the Business Associate Agreement (BAA), which is incorporated into these Terms when the Customer is a covered entity or a business associate.

Customers grant NexiumCare a limited license to host, copy, transmit, and display Customer Data solely as necessary to provide the Service. Customers may export their data at any time during the subscription and for 30 days after termination, in standard formats (CSV, JSON, FHIR R4).

You agree not to:

• Use the Service to violate any applicable law, regulation, or third-party right.
• Reverse engineer, decompile, or attempt to extract source code from the Service, except as permitted by law.
• Interfere with the integrity or performance of the Service or attempt to gain unauthorized access.
• Send spam, malware, or other harmful content through the Service.
• Use the Service to provide a competing product or to benchmark against competitors without consent.
• Resell or sublicense the Service except as expressly permitted by an order form.

NexiumCare and its licensors retain all right, title, and interest in the Service, including all software, designs, trademarks, and documentation. Customer feedback, suggestions, and ideas may be used by NexiumCare without restriction or compensation.

NexiumCare warrants that the Service will perform materially in accordance with the documentation. Our uptime SLA is published at our security page and at status.nexiumcare.com.

Except for the express warranties in these Terms or an order form, the Service is provided "as is", and NexiumCare disclaims all other warranties, express or implied, to the maximum extent permitted by law.

NexiumCare will defend Customer against third-party claims that the Service infringes a US patent, copyright, or trademark, subject to standard IP indemnification terms in the order form. Customer will defend NexiumCare against third-party claims arising from Customer Data or Customer's misuse of the Service.

Except for breaches of confidentiality, indemnification obligations, and gross negligence, neither party's aggregate liability under these Terms will exceed the fees paid by Customer to NexiumCare in the 12 months preceding the claim. Neither party will be liable for indirect, consequential, incidental, special, or punitive damages.

These Terms remain in effect while you have an account or are using the Service. Either party may terminate the Service for material breach if the breach is not cured within 30 days of written notice.

Upon termination, NexiumCare will retain Customer Data for 30 days for export, then delete it in the normal course (subject to legal retention obligations).

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties consent to exclusive jurisdiction in the state and federal courts located in New Castle County, Delaware, unless an order form specifies arbitration.

We may update these Terms from time to time. Material changes will be posted on this page with a new Effective date and communicated by email or in-product notice at least 30 days before they take effect for active subscriptions.

Questions about these Terms? Email [email protected].
Floggats LLC (NexiumCare) — 6751 N. Sunset Boulevard, Suite 320, Glendale, AZ 85305, US.