Terms of Service

1. Introduction

‍

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, and related services (collectively, the “Services”) provided by Nimble Rx, Inc. (“NimbleRx,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

‍

The Services are designed primarily for individual patients (“you” or “users”) to engage with participating pharmacies to manage prescriptions, arrange for delivery or pickup, and access health-related support features. These Services may also include access to educational health content, including information generated by AI tools such as Mira AI (see Section 5), intended to support awareness and general wellness.

‍

Certain Services may also be accessed or evaluated by pharmacy representatives, healthcare providers, pharmaceutical manufacturers, or other business partners (collectively, “Business Users”) for informational or onboarding purposes. Unless expressly stated otherwise, these Terms apply to all users of the Services, including both individual and Business Users.

‍

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use the Services.

‍

PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND NIMBLERX. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 13 CAREFULLY.

‍

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

‍

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify users of material changes as required by law. Continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

‍

2. Eligibility and Account Registration

To use the Services, you must be at least 18 years old and reside in the United States. By accessing or using the Services, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent).

‍

If you are a parent or legal guardian using the Services to manage prescriptions or related features for a minor dependent, you represent and warrant that you have the legal authority to do so and accept these Terms on their behalf. You are responsible for ensuring the accuracy of the information submitted and for any activity conducted through the account.

‍

Depending on applicable federal or state law, certain health information for minor users may be protected from disclosure, even to parents or guardians. For more information, please refer to our Privacy Policy or contact your pharmacy.

‍

Some features of the Services may require you to create an account. You agree to keep your login credentials secure and not share them with others. You are responsible for all activity that occurs under your account. If you believe your account has been compromised, you must notify us immediately.

Accessing the Services may require the use of a compatible mobile device or an internet connection. You are solely responsible for any charges associated with such access.

‍

We reserve the right to suspend or terminate your account or access to the Services if we determine, in our sole discretion, that you have violated these Terms or otherwise engaged in conduct that could harm NimbleRx, our partners, or other users.

‍

3. Services and Use of NimbleRx

NimbleRx provides technology solutions that allow individual users to interact with participating pharmacies through a streamlined, mobile-first experience. Through the Services, you may be able to:

‍

• View and manage prescription orders;
• Make payment to your pharmacy for any orders;
• Schedule prescription delivery or pickup;
• Receive order status updates and reminders;
• Communicate with your pharmacy or designated delivery provider;
• Access health-related educational content;
• Use AI-powered tools such as Mira AI (see Section 6); and
• Access other features we may make available from time to time.

‍

NimbleRx does not own or operate any pharmacy and does not dispense, fill, or verify prescriptions. All prescription services are provided by the participating pharmacy of your choice. NimbleRx acts solely as a technology facilitator between you and your selected pharmacy. You are solely responsible for any fees charged by the pharmacy. If you are not present at the time of a delivery, you acknowledge and agree that your prescription medication may be left at your door. However, in the event of unfavorable weather conditions or other circumstances that might compromise the effectiveness or safety of your medication, re-delivery may be re-attempted.

‍

If you think you have a medical emergency, call your healthcare provider or 911 immediately or go to the nearest emergency room.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not (and will not attempt to):

‍

• Use the Services for any unlawful, misleading, or fraudulent activity;
• Interfere with, disrupt, or attempt to gain unauthorized access to any part of the Services;
• Copy, reverse engineer, or misuse any part of the Services or underlying technology;
• Use another user’s account or credentials without permission.

‍

We may add to, modify, or discontinue parts of the Services at any time. Where required by law, we will provide advance notice of material changes that may affect your use.

‍

4. Messaging and Communications

By using the Services, you may receive communications from Nimble Rx, Inc., including text messages, emails, phone calls, and in-app notifications related to your prescriptions, account activity, or customer support.

‍

a.     Consent to Receive Communications

‍

By providing your contact information and opting in where required, you consent to receive communications from Nimble Rx, Inc. and its service providers. These may include:

• Transactional or operational messages, such as prescription reminders, account updates, delivery notices, or refill alerts; and
• Health-related promotional or marketing messages, such as special offers, manufacturer copay programs, or educational information about pharmacy or health product options.
• Messages may be sent by manual or automated means, including through an automatic telephone dialing system. Message frequency may vary. Standard message and data rates may apply.

‍

Carriers are not liable for delayed or undelivered messages.

‍

b.     Communications That May Contain Health Information

‍

Some of these communications, including health-related promotional messages, may contain health-related information such as prescription or delivery details. By opting in, you authorize Nimble Rx, Inc. to send communications that may include protected health information (PHI). These messages are not encrypted and may be accessible to anyone with access to your device, phone number, or email account. If you do not wish to receive unencrypted communications containing PHI, do not opt in or withdraw your consent using the instructions below.

‍

c.     Opting Out and Assistance

‍

You may opt out of receiving promotional or marketing text messages at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or following other opt-out instructions included in the message. However, opting out of certain transactional or operational communications may impact your ability to use key features of the Services. Reply HELP for assistance or contact information.

‍

d. More Information

‍

For questions about your text or data plan, contact your wireless provider. For questions about our communications, contact support@nimblerx.com or review our Privacy Policy for details on how we use and collect your information.

5. Mobile Application

If you access the Services through a mobile application (“App”), Nimble Rx, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device you own or control, solely for your personal, non-commercial use in accordance with these Terms.

You may not:
‍

• Modify, reverse engineer, decompile, or disassemble the App;
• Rent, lease, loan, sell, sublicense, or distribute the App;
• Use the App for any purpose that violates these Terms or applicable law

‍

The App may be subject to additional terms imposed by the app store provider (e.g., Apple App Store, Google Play). You acknowledge that:

‍

• These Terms are between you and Nimble Rx, Inc., not with the app store provider;
• The app store provider is not responsible for the App or its content;
• The app store provider has no obligation to provide maintenance or support for the App;
• In the event of any failure of the App to comply with applicable warranties, you may notify the app store provider, and they may refund the purchase price (if any) but have no further obligations.

‍

You agree to comply with all applicable third-party terms of service when using the App.

‍

6. Health-Related Content and Generative AI Features

‍

a.     Service Features

‍

Service features may include the use of a GPT-style, chatbot tool that uses generative AI to summarize trusted sources, including publicly and legally available peer-reviewed scientific literature, in combination with other content such as text, graphics, images, audio, video, compilations, and other materials generated by generative AI (collectively, “Generative Content”). The Generative Content may include data you provide as part of your prompt, as well as selected de-identified data about you automatically accessed from Nimble’s systems to contextualize the response.

‍

Generative AI is developing technology that can display biases and make mistakes. Unlike traditional sources of information, the Generative Content is created without direct human review. Rather, the Generative Content is probabilistic in nature and may be inaccurate due to the nature of the technology or the cited content. This experimental tool can be a helpful starting point for learning about common health issues. However, you should use any information cautiously and verify its accuracy with your medical professionals.

‍

You agree that the Services, including Mira AI, are for informational purposes only and are not, and cannot substitute for, professional medical guidance. You understand that the Generative Content generated by the chatbot tool is drawn from third-party sources and does not reflect the opinions or statements of Nimble Rx, Inc., your pharmacy, or any of their employees. By using the Services, you agree not to assert otherwise.

‍

Nimble Rx will use reasonable efforts to include accurate and up-to-date information in these Services but makes no warranties or representations of any kind as to its accuracy, currency, or completeness.

‍

i.    Prescription Context for AI Use. Mira AI may use de-identified prescription data originally provided to Nimble Rx through its role as a Business Associate to your pharmacy. This data is stripped of all HIPAA identifiers and is used solely to provide informational responses within your session. The use of this data is distinct from any services provided by Nimble Rx to your pharmacy and does not constitute treatment, payment, or healthcare operations.

‍

ii.   Protected Health Information. If you provide health-related information that constitutes protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you acknowledge that Mira AI may use such information solely to generate responses for your use. Nimble Rx does not act as a healthcare provider in this context and does not store or transmit PHI for treatment, payment, or healthcare operations. Any PHI entered into Mira AI is used only to personalize informational outputs and is not subject to clinical review.

‍

iii. Separation of Services and Legal Role. While Nimble Rx may serve as a Business Associate to your pharmacy under HIPAA for certain pharmacy-related services, Mira AI is provided as a separate, consumer-facing service that does not involve treatment, payment, or healthcare operations. Any medication or supplement data used in Mira AI is de-identified before being accessed by the AI system and is used only to provide contextually relevant, informational responses to the user.

‍

b.     The Services Do Not Provide Medical Advice

‍

The Services may include access to health-related content such as educational articles, pharmacy-generated messages, delivery-related information, and AI-generated responses (e.g., through Mira AI). All such content is provided for general informational purposes only and is not medical advice, diagnosis, treatment, or clinical guidance.

You should not rely on any content provided through the Services as a substitute for consultation with a licensed healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard or delay seeking professional medical advice based on something you read, receive, or interact with via the Services.

‍

It is your responsibility to present your medical data to your physician or other healthcare provider for proper analysis and diagnosis. You agree that neither Nimble Rx nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or not taken due to your use of information presented through these Services. Any reliance on or use of the Generative Content or the Services is at your own risk.

‍

If you think you have a medical emergency, call your healthcare provider or 911 immediately or go to the nearest emergency room.

‍

These Services may contain links to third-party websites or internet resources (“Linked Sites”), including links to affiliate action partners that may offer medical advice, items, or services. Any patient/provider relationship created between you and any action provider partner is between you and the affiliate action partner and no such relationship will be created between you and Nimble Rx. Nimble Rx does not recommend or endorse any particular provider, item, service, health and wellness information resource, or similar content through its offering of the Services. Nimble Rx is not responsible for any harm that may result from your purchase or use of any healthcare item or service from a third-party site or use of or reliance on any information or resources provided. The purchase or use of any healthcare item or service purchased through a Linked Site is at your own risk. You should always consult a medical professional for medical advice.

‍

c.     The Services Are Not for Product Safety Reporting or Other Notice to Nimble Rx or Your Pharmacy. Mira AI is not monitored by Nimble Rx, your pharmacy, or any other healthcare professional. You should not use it for reporting any medical emergencies, safety concerns, or health issues. Mira AI is not a method for providing any type of notice to Nimble Rx, your pharmacy, or any other healthcare professional and is not monitored for that purpose.

‍

7. User Content and Feedback

You may have the opportunity to submit content to the Services, such as written feedback, suggestions, survey responses, reviews, or other communications (“User Content”). You represent and warrant that you have all rights necessary to provide such content and that your User Content does not infringe, misappropriate, or violate any third-party rights or applicable laws.

‍

By submitting User Content, you grant Nimble Rx, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, copy, reproduce, modify, distribute, publicly display, and create derivative works of your User Content in connection with operating and improving the Services, including developing future products and features.

‍

You agree that any feedback you provide is provided voluntarily, without compensation or expectation of confidentiality, and Nimble Rx, Inc. is free to use such feedback as it sees fit.

‍

We reserve the right (but not the obligation) to remove, edit, or refuse to post any User Content at our discretion and without notice.

‍

8. Payment and Third-Party Services

The Services may include the ability to pay for prescriptions, delivery services, or other offerings facilitated through participating pharmacies or third-party vendors. All pricing, payment processing, refunds, and fulfillment are managed by your selected pharmacy or their designated partners. Nimble Rx, Inc. does not set prescription prices and does not control the availability or cost of medications. You are solely responsible for the cost of your medication that you receive by using the Services.

‍

You agree that all transactions facilitated through the Services are subject to the terms and conditions of the third-party provider responsible for fulfilling them. Nimble Rx, Inc. is not responsible for any billing disputes, refund policies, or service issues related to third-party vendors.

‍

In certain cases, the Services may include links or integrations with third-party websites, apps, or services. These are provided for your convenience and do not constitute an endorsement. Your use of third-party services is at your own risk and subject to their separate terms of use and privacy policies.

Nimble Rx, Inc. does not directly bill federal or state healthcare programs, including Medicare, Medicaid, or other government payors.

‍

If you believe a charge is incorrect or seek a refund for a prescription or service, please contact the pharmacy or third-party provider directly. Nimble Rx, Inc. does not issue refunds for transactions conducted through the Services

‍

9. Prohibited Conduct

You agree not to use the Services to:

‍

• Violate any applicable law, regulation, or court order;
• Infringe, misappropriate, or violate the intellectual property, privacy, or other rights of others;
• Impersonate any person or entity or misrepresent your affiliation;
• Upload, post, or transmit anything that is illegal, harmful, deceptive, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Interfere with the operation of the Services or disrupt servers, networks, or security systems;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems;
• Copy, distribute, sell, or otherwise exploit any part of the Services without authorization;
• Use automated means to access or use the Services (e.g., bots, scrapers, crawlers) unless expressly permitted;
• Circumvent any measures intended to limit your access to the Services.

‍

We reserve the right to investigate and take appropriate legal action against any user who, in our sole discretion, violates these Terms, including suspending or terminating access to the Services.

‍

10. Termination

You may stop using the Services at any time. Nimble Rx, Inc. reserves the right to suspend or terminate your access to the Services, including your account, at any time and for any reason, including if we reasonably believe:

‍

• You have violated these Terms or any applicable law;
• Your conduct creates a risk or legal exposure for Nimble Rx, our pharmacy partners, or other users;
• You have engaged in fraudulent or abusive activity; or
• Continued access is no longer commercially viable.

‍

Termination may result in the deletion of your account and any data associated with it. We may retain certain information as required by law, for legitimate business purposes, or as described in our Privacy Policy.

‍

If you stop using the Services or your account is deactivated, you may request reactivation, but we are not obligated to restore access. We may deny reactivation requests at our discretion.

‍

Survival. Upon any termination of your access to the Services, the following provisions will survive: any rights or obligations that by their nature should survive (including but not limited to provisions regarding indemnification, disclaimers, limitations of liability, dispute resolution, arbitration, class action waivers, and third-party beneficiary protections), as well as Sections 7 through 16 of these Terms.

‍

11. Changes to the Services

We reserve the right to modify or discontinue the Services, or any part thereof, at any time and for any reason, including by removing features, restricting functionality, or sunsetting specific tools or offerings.

‍

For example, we may retire features such as Mira AI if they are no longer supported or widely used. While we aim to provide advance notice of material changes where practical or legally required, we are not obligated to maintain any particular aspect of the Services.

‍

You agree that Nimble Rx, Inc. will not be liable to you or any third party for any modification, suspension, or discontinuation of any part of the Services.

‍

12. Disclaimers and Limitation of Liability

‍

a.     Disclaimers

‍

The Services are provided on an “as-is” and “as-available” basis. Nimble Rx, Inc. makes no warranties or representations of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, or non-infringement.

Nimble Rx does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components. We are not responsible for delays, delivery failures, or other damages resulting from use of the internet, mobile networks, or third-party services.

‍

You acknowledge and agree that Nimble Rx does not provide medical care or advice and is not responsible for the content, pricing, or availability of medications. Prescription fulfillment is solely the responsibility of your selected pharmacy.

‍

b.     Limitation of Liability

‍

To the fullest extent permitted by law, Nimble Rx, Inc. and its officers, directors, employees, agents, affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

‍

• Your use of or inability to use the Services;
• Errors, mistakes, or inaccuracies in the Services;
• Any unauthorized access to or use of our systems;
• Personal injury or property damage resulting from your use of the Services;
• Any bugs, viruses, or other harmful code transmitted through the Services.

‍

Our total liability to you for any claim arising out of or relating to the Services is limited to the amount you paid us, if any, in the 12 months preceding the claim. In jurisdictions where limitations of liability are not permitted, this limitation may not apply to you.

‍

13. Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

‍

a.     Informal Dispute Resolution. Before initiating any formal dispute resolution proceeding, you and NimbleRx agree to first attempt to resolve the dispute informally. To begin this process, the party initiating the dispute must send written notice to the other party describing the nature of the dispute and the relief sought. You may send notice to: legal@nimblerx.com.

Both parties agree to meet and confer in good faith (by phone or video conference) within 45 days of receiving the notice. This informal process is a condition precedent to filing any arbitration or legal claim, and any applicable statute of limitations will be tolled during this

period.

b.     Binding Arbitration and Class Action Waiver. If the parties are unable to resolve the dispute informally, you and NimbleRx agree to resolve all disputes and claims arising out of or relating to these Terms or the Services (each, a “Dispute”) through final and binding arbitration, rather than in court, except as follows:

‍

·       Either party may bring an individual claim in small claims court if it qualifies;

·       Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or address unauthorized use of data.

‍

This arbitration agreement applies to you and NimbleRx, as well as our affiliates, officers, directors, employees, and agents, and survives termination of these Terms.

‍

The arbitration will be conducted by the American Arbitration Association (AAA) under its applicable rules, which are available at www.adr.org. The arbitrator shall allow for a reasonable exchange of information consistent with the expedited nature of arbitration, and may permit limited discovery upon a showing of good cause. Unless otherwise agreed, the arbitration will take place in the county (or equivalent jurisdiction) where you reside. The arbitrator will have exclusive authority to resolve all Disputes, including any questions regarding the interpretation or enforceability of this arbitration agreement, except that a court—not an arbitrator—must decide any dispute relating to the enforceability of the class action waiver below.

‍

YOU AND NIMBLERX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

‍

c.     Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 13(B), YOU AND NIMBLERX HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the NimbleRx are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 13(b) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

d.     Confidentiality. All arbitration proceedings, including documents and communications exchanged in connection with the arbitration, shall be kept confidential by both parties and may not be disclosed except as required by law or to professional advisors subject to confidentiality obligations.

e.     Fees and Costs. Each party will bear its own attorneys’ fees and costs, unless the arbitrator determines that a claim was frivolous or brought in bad faith, in which case the prevailing party may recover reasonable fees and costs.

‍

f.      Right to Opt Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to: legal@nimblerx.com with your name, address, and a clear statement that you do not wish to resolve disputes with NimbleRx through arbitration. If you opt out, this Section will not apply to you, but all other provisions of these Terms will remain in effect.

‍

g.     Batch Arbitration. To promote efficient resolution, you and NimbleRx agree that if 25 or more similar arbitration demands are filed against NimbleRx by the same or coordinated counsel or organization, and raise substantially identical factual and legal issues, those demands shall be grouped into batches of no more than 25 claims per batch, to be arbitrated together.

‍

Each batch will proceed as a single arbitration with one set of administrative and filing fees due per side, one arbitrator assigned, and one hearing (if any) unless the parties agree otherwise. The arbitrator may issue a single decision resolving all claims in a batch, or separate awards as appropriate.

The parties agree to cooperate in good faith with the arbitration provider to implement this process. Any dispute about whether a batch is appropriate or how batching should be applied shall be resolved by the arbitration provider or an appointed administrative arbitrator.

‍

This provision does not authorize class or representative arbitration, and the class action waiver in Section 13(b) remains in full force and effect.

‍

14. Miscellaneous

a.     Entire Agreement. These Terms, along with our Privacy Policy, constitute the entire agreement between you and NimbleRx regarding the Services and supersede any prior agreements, communications, or understandings, whether oral or written.

‍

b.     No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to enforce that or any other part of the Terms at any time.

‍

c.     Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be limited or eliminated to the minimum extent necessary, and the remainder of the Terms will remain in full force and effect.

‍

d.     Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction.

‍

e.     Force Majeure. NimbleRx will not be responsible for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, internet outages, or governmental action.

‍

f.      Relationship of the Parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and NimbleRx.

‍

g.     Headings. Section titles and headings are for convenience only and have no legal or contractual effect.

‍

h.     Notices. Any notices or communications from Nimble Rx under these Terms, including updates to these Terms, may be provided via: (i) email to the address associated with your account; or (ii) posting within the Services or on our website. Notice will be deemed received when transmitted or posted.

‍

i.      Waiver and Remedies. Any waiver of a right or provision under these Terms will be effective only if in writing and signed by a duly authorized representative of Nimble Rx. The failure to enforce any right will not be deemed a waiver of such right. Unless expressly stated otherwise, the exercise of any remedy under these Terms is without prejudice to other remedies available under law or equity.

‍

j.      Third-Party Beneficiaries. Certain features of the Services are provided by Nimble Rx, Inc. in its capacity as a service provider or authorized agent of your selected pharmacy, including prescription coordination, messaging, and delivery notifications. You acknowledge and agree that your pharmacy and its personnel are intended third-party beneficiaries of these Terms and are entitled to the benefit of all disclaimers, limitations of liability, indemnification provisions, class action waivers, and arbitration requirements contained herein, to the extent such claims arise out of your use of the Services.

These provisions apply regardless of whether the claim is asserted against Nimble Rx, Inc. or directly against your pharmacy or its employees. You agree that any dispute or claim arising from your use of the Services, including Services performed by Nimble Rx, Inc. on behalf of your pharmacy, will be subject to the dispute resolution terms set forth in Section 13.

If you downloaded or accessed the Services via a mobile application, you also acknowledge and agree that Apple Inc. (“Apple”) and Google LLC (“Google”) are intended third-party beneficiaries of these Terms. Apple and Google are not responsible for the Services and have no obligation to provide maintenance or support, but they may enforce these Terms against you as applicable third-party beneficiaries in accordance with their respective app store rules.

‍

15. Contact Information

If you have any questions about these Terms or the Services, you may contact us at:

‍

Nimble Rx, Inc.

2317 Broadway, Suite 150

Redwood City, CA 94063

Email: legal@nimblerx.com

‍

16. Business Use and Evaluation

Although the Services are primarily intended for individual patients, certain features may be accessed or evaluated by businesses or professionals acting in a commercial capacity (“Business Users”). This includes, for example, pharmacy owners exploring Nimble Rx, Inc.’s checkout experience, or pharmaceutical manufacturers reviewing platform capabilities.

‍

By accessing or using the Services as a Business User, you acknowledge and agree that:

‍

• Your use is for informational or evaluation purposes only and not for delivering patient care;
• These Terms apply to you unless and until you enter into a separate written agreement with Nimble Rx, Inc. that governs your commercial relationship;
• You must not use the Services in any way that impersonates or misrepresents a consumer or patient user;
• You may not collect or use any data from the Services for commercial purposes without Nimble Rx, Inc.’s express written consent.

‍

If you are interested in entering into a business agreement or learning more about Nimble Rx, Inc.’s solutions for pharmacies, healthcare providers, or life sciences organizations, please contact us directly at partnerships@nimblerx.com.