Terms of Service

Version 1.1 — Effective September 15, 2026

Welcome to NEXA Health. These Terms of Service (these “Terms”) govern your access to and use of the websites, portals, and technology platform (collectively, the “Platform”) operated by NEXA Health, a Florida nurse registry operating under its registered fictitious name, with its principal place of business at 21314 Sonesta Way, Boca Raton, Florida 33433 (“NEXA,” “we,” “us”). By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. Relationship to Other Agreements

If you receive care services through NEXA, your relationship with NEXA is also governed by the Master Service Agreement you accept during intake. If you are a health care professional receiving referrals through NEXA, your relationship is also governed by the Provider Platform Agreement. If these Terms conflict with either of those agreements, the applicable agreement controls for the services it covers. These Terms govern all other use of the Platform, including browsing our websites and using the Platform before signing an agreement.

2. About NEXA

NEXA is a nurse registry licensed under Section 400.506, Florida Statutes (AHCA Nurse Registry License No.: 30213222). NEXA refers independent health care professionals to clients seeking home care. NEXA is not a health care provider and does not provide medical advice, diagnosis, or treatment. Caregivers referred through the Platform are independent contractors, not employees or agents of NEXA. Nothing on the Platform is medical advice. In any medical or safety emergency, call 911 immediately.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Platform. You agree to provide accurate, complete, and current information; to keep your login credentials confidential; and to notify us promptly of any unauthorized use of your account. You are responsible for activity that occurs under your account. If you use the Platform on behalf of another person (such as a family member receiving care), you represent that you are authorized to do so.

4. Acceptable Use

You agree not to: (a) use the Platform for any unlawful purpose or in violation of any applicable law; (b) misrepresent your identity, credentials, or authority; (c) access or attempt to access another user’s account or non-public areas of the Platform; (d) copy, scrape, crawl, or harvest data from the Platform, or reverse engineer any part of it; (e) interfere with the operation or security of the Platform; (f) use the Platform to solicit users for a competing service; (g) circumvent any fee owed under these Terms or any agreement with NEXA, including the direct-hire conversion provisions of the Master Service Agreement and Provider Platform Agreement; or (h) upload malicious code or content that is unlawful, defamatory, or infringing. We may suspend or terminate access for violations.

5. Communications Consent

By providing your phone number or email address, you consent to receive service-related communications from NEXA (such as scheduling updates, onboarding links, verification codes, and billing notices) by phone, email, and SMS, and occasional marketing communications where permitted by law. Consent to marketing messages is not a condition of purchasing any service. Message frequency varies and message and data rates may apply. Reply STOP to opt out of SMS at any time and HELP for help, or use the unsubscribe link in marketing emails. Opting out of marketing does not affect essential service communications. Mobile opt-in information is not shared with third parties or affiliates for their marketing or promotional purposes.

6. Intellectual Property

The Platform, including its software, design, text, graphics, logos, and content (other than content you submit), is owned by NEXA or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. If you send us feedback or suggestions, we may use them without restriction or compensation.

7. Third-Party Services

The Platform relies on third-party services, including payment processing (Stripe), messaging, and video services. Your use of those services may be subject to their own terms and privacy policies. NEXA is not responsible for third-party services or for websites linked from the Platform.

8. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers

The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, NEXA disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Platform will be uninterrupted, error-free, or secure. NEXA does not warrant the availability of any caregiver or the outcome of any care engagement; those matters are governed by the applicable service agreements and Florida law.

10. Limitation of Liability

To the maximum extent permitted by law: (a) NEXA is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to these Terms or the Platform; and (b) NEXA’s total aggregate liability arising out of or relating to these Terms or your use of the Platform will not exceed the greater of one hundred dollars ($100) or the amounts you paid to NEXA in the twelve (12) months preceding the event giving rise to the claim. Nothing in this Section limits liability that cannot be limited by law. Liability relating to care services is governed by the applicable Master Service Agreement or Provider Platform Agreement rather than this Section.

11. Indemnification

You will indemnify and hold harmless NEXA and its members, managers, officers, employees, and agents from third-party claims arising out of your violation of these Terms, your misuse of the Platform, or your violation of law, except to the extent caused by NEXA’s gross negligence or willful misconduct.

12. Dispute Resolution; Arbitration; Class Action Waiver

12.1 Informal Resolution. Before filing any claim, the complaining party will give the other written notice and thirty (30) days to resolve the dispute informally.

12.2 Binding Arbitration. Except as provided in Section 12.4, any dispute arising out of or relating to these Terms or the Platform will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Palm Beach County, Florida (or conducted by video or telephone where the rules allow). The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver. All disputes must be brought in the parties’ individual capacities. You and NEXA each waive any right to participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

12.4 Exceptions. Either party may (a) bring an individual claim in small claims court; or (b) seek temporary or preliminary injunctive relief in the state or federal courts located in Palm Beach County, Florida, to protect intellectual property or the security of the Platform pending arbitration. Nothing in this Section limits your right to file complaints with government agencies.

13. Termination

You may stop using the Platform at any time. We may suspend or terminate your access at any time for violation of these Terms, risk to other users, or as required by law. Sections that by their nature should survive (including Sections 6 and 9 through 15) survive termination.

14. Governing Law; Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. For any matter not subject to arbitration, exclusive venue lies in the state or federal courts located in Palm Beach County, Florida.

15. Changes to These Terms

We may update these Terms prospectively. If we make material changes, we will post the updated Terms with a new version number and effective date, and where appropriate notify you through the Platform or your contact information on file. Your continued use of the Platform after the effective date constitutes acceptance. Changes do not apply retroactively to disputes that arose before the effective date.

16. General

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate. These Terms, together with the policies they incorporate and any agreement you sign with NEXA, are the entire agreement regarding the Platform.

17. Contact

NEXA Health, 21314 Sonesta Way, Boca Raton, FL 33433 · legal@nexahc.com · support@nexahc.com