Terms of Use

Summary

These Terms of Use set the rules for using the website, member app and other online services of Nimbus Healthcare Corporation, a technology, administrative and support company. Medical care comes from licensed clinicians who exercise independent professional judgment, and prescriptions may be filled by Lake Hills Pharmacy. These services are not for emergencies and are not medical advice. Disputes are resolved by individual arbitration after an informal period, and you may opt out within thirty days.

Acceptance and eligibility

These Terms of Use (the "Terms") are an agreement between you and Nimbus Healthcare Corporation ("Nimbus", "we", "us" and "our"). They apply to the Nimbus website at nimbushealthcare.com (the "Site"), the Nimbus member app, the patient programs described below (the "Patient Programs") and our other online services (together, the "Services"). You accept these Terms when you use the Services, create an account or click "I agree". If you do not agree, do not use the Services.

You may use the Services only if you are at least 18 years old and able to form a binding contract. The Patient Programs are for adults unless a program states otherwise. If you are a parent or legal guardian who uses the Services for someone else, you confirm that you have the legal authority to do so, and you are responsible for that use.

If you accept these Terms for an organization, you confirm that you have authority to bind it, and "you" then includes that organization. If we change these Terms, continued use of the Services after the change takes effect means you accept the changed Terms.

Who we are and who provides your care

Nimbus Healthcare Corporation, a Delaware corporation with its principal office at 12005 Bee Cave Road, Suite 1A, Austin, Texas 78738, operates this Site and the Nimbus platform, including Nimbus OS®, IntelliHealth®, Nimy, and the patient programs offered through the Services. Nimbus Healthcare Corporation is a technology, administrative and support company. It does not practice medicine or pharmacy.

Medical care through the patient programs is provided by licensed physicians, nurse practitioners and other clinicians who are authorized to practice in the state where you are located and who exercise independent professional judgment. Nimbus provides those clinicians with technology, administrative and support services. No clinician is required to prescribe any medication, and no prescription or outcome is promised.

Clinics, practices and other healthcare organizations that use Nimbus OS® do so under a separate written agreement with Nimbus (the "Platform Agreement"). Those organizations and their licensed clinicians make every clinical decision for their patients. Where Nimbus handles protected health information for such an organization, it does so as that organization's business associate under a written business associate agreement. These Terms do not grant access to Nimbus OS®; the Platform Agreement does.

Prescriptions may be filled by Lake Hills Pharmacy, a Texas-licensed compounding pharmacy at 12005 Bee Caves Road, Suite 1-A, Austin, Texas 78738, which is owned by an affiliate of Nimbus Healthcare Corporation. A licensed pharmacist independently reviews every prescription and may decline, clarify, delay or transfer it when professional judgment or law requires. You may choose another pharmacy at any time, and your clinician will send your prescription to the pharmacy you choose where the law and the pharmacy permit.

The Services

The Services include the following.

• The Site, which provides information about Nimbus, its platform and the Patient Programs.
• The Patient Programs, such as WeightWise Rx and the NimCore® hormone programs for men and women, which connect you with licensed clinicians.
• The member app, which lets patients manage their accounts and care.
• Demo and contact requests from clinics, practices, pharmacies and other organizations.
• Nimbus OS®, which is available only to organizations under a Platform Agreement.

The Services are not for emergencies. If you think you may have a medical emergency, call 911 or go to the nearest emergency room. Content on the Site and in the Services, including anything from Nimy, is general information and not medical advice. A clinician-patient relationship exists only with a licensed clinician who agrees to treat you.

Accounts

You must give accurate, current and complete information when you register. Each person may hold one account, which may not be shared or transferred. You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at support@nimbushealthcare.com if you believe someone has used your account without permission.

Clinicians can treat you only where they are authorized to practice. You must tell us and your clinician the state where you are physically located whenever asked, and your answer must be accurate. You may close your account at any time by following the steps at Delete Your Account.

Patient Programs

Whether you are eligible for a Patient Program, and whether any treatment is appropriate for you, is decided by a licensed clinician and not by Nimbus. Completing an intake or paying for a program does not guarantee that a clinician will accept you, recommend a treatment or prescribe any medication.

Patient Programs are available only in the states where we serve patients. See Where We Serve. Availability by program is confirmed during intake. Patient Programs are self-pay, and claims are not submitted to health insurance.

Before you receive care, you will be asked to review and accept the Telehealth Informed Consent and any treatment-specific consent. The Subscription, Cancellation and Refund Policy governs recurring plans. Both are part of these Terms as described in the order of precedence below.

Lake Hills Pharmacy, a Texas-licensed compounding pharmacy, is owned by an affiliate of Nimbus Healthcare Corporation. You may choose another pharmacy at any time, and your clinician will send your prescription to the pharmacy you choose where the law and the pharmacy permit.

Some prescriptions may be compounded. Compounded medications are not FDA-approved or reviewed by FDA for safety, effectiveness, or quality. Prescriptions are issued only after evaluation by a licensed provider when clinically appropriate. Learn more in the Compounded Medication Disclosure.

Payments

When you buy a Patient Program or another paid Service, you authorize Nimbus and its payment processing providers to charge the payment method you provide for the amounts you agree to, including recurring charges for plans you choose. Prices, billing frequency, term and renewal date are shown before you buy. You are responsible for applicable taxes, and promotions are subject to the terms stated with them.

You may cancel future renewals at any time. The Subscription, Cancellation and Refund Policy explains how to cancel and which refunds apply. If you have a problem with a charge, contact support@nimbushealthcare.com first. A chargeback does not replace the dispute process in these Terms, and we may suspend your account while a disputed charge is resolved.

Communications

We send service messages that are needed to operate your account and your care, such as security notices, order and shipping updates and care messages. You cannot opt out of essential service messages while you have an account, but you may stop text messages at any time as described in the SMS Terms, and we may then send those messages by email.

We send marketing messages only according to your choices. You can opt out of marketing email through the unsubscribe link in any message. Text messages are covered by the SMS Terms, and marketing texts are sent only with your separate consent.

You consent to receive notices, consents, disclosures and agreements from us in electronic form, and you agree that your electronic signature, including clicking "I agree", has the same effect as a handwritten signature. You may withdraw this consent by emailing support@nimbushealthcare.com, but we may then be unable to provide some of the Services.

Privacy

How we handle information is described in the Privacy Policy, the Notice of Privacy Practices and the Consumer Health Data Privacy Policy. Lake Hills Pharmacy issues its own privacy notice. The public pages of the Site are not designed to collect health information, so do not include health information in a demo or contact request.

Artificial intelligence features

Nimbus uses artificial intelligence in two ways. Nimy is an assistant that helps you find information, prepare for care and manage your account; it does not diagnose, treat or prescribe, and a person is available when you ask. IntelliHealth® provides decision support to licensed clinicians; every clinical decision is made by a licensed clinician, and no treatment is started by an automated system.

More detail is in How Nimbus Uses Artificial Intelligence. Nimy can be wrong, so check anything important with your clinician, and do not use it in an emergency.

Data used to improve the Services

De-identified data. We may create de-identified data from information processed through the Services, using methods that meet the HIPAA de-identification standard. De-identified data does not identify you and is not protected health information. We may use, share and license de-identified data for any lawful purpose, including commercial purposes, operating and improving the Services, developing, training, testing, validating and evaluating algorithms, models and clinical decision-support technology, supporting intellectual-property filings, and publishing or presenting aggregate findings.

Information that identifies you. Where the law permits, we may also use information that identifies you to develop, test, improve and support our own artificial intelligence, machine learning and large language model features, including Nimy and IntelliHealth®, as part of our health care operations and product development, as described in the Privacy Policy and the Notice of Privacy Practices. We apply privacy-protective measures such as de-identification, pseudonymization or aggregation where feasible. These uses are on by default. You can turn them off at any time in the Notification and Privacy Center in your account; turning them off stops future use of information that identifies you, and does not affect de-identified data or work already completed. Where your state's law requires your separate consent for a use, we ask for it separately and honor your choice.

Nimy. To use Nimy you must accept the artificial intelligence terms presented when you first open it. If you do not accept them, Nimy is not available to you, and the rest of the Services and your care are not affected.

Proprietary technology. Our algorithms, models, prompts, scores, thresholds, workflows and clinical decision-support methods are proprietary and confidential. Providing information, feedback or data through the Services grants you no rights in that technology, and outputs generated for you remain subject to these Terms.

No sale. We do not sell personal information or identifiable health information, and we do not sell or share personal information for the purpose of training third-party large language models.

Acceptable use

You agree not to:

• use the Services unlawfully, or to harm, harass or defraud anyone;
• scrape, crawl or use automated means to access the Services, or use any content from the Services to train an artificial intelligence model, without our written permission;
• interfere with the Services, their security or other users, including by introducing malicious code;
• impersonate any person or misstate your identity, your location or your affiliation;
• try to gain unauthorized access to accounts, systems or data;
• misuse clinician or pharmacy services, including by giving false health or identity information, obtaining medication for another person, or sharing or reselling medication; or
• help or permit anyone else to do any of these things.

Search engines may index the public pages of the Site in the ordinary way.

Intellectual property

The Services, including their software, text, graphics, video and design, are owned by Nimbus Healthcare Corporation or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for personal use, or for internal business use if you act for an organization, in line with these Terms. We keep all other rights.

Nimbus uses these marks on the Site: NIMBUS®; Nimbus OS®; NimCore®; IntelliHealth®; Made by Us, For You®; AI + EI = Client Success®; and Transforming Sick Care into True Healthcare®. Other names used on the Site, including WeightWise Rx, Nimy and Connecting Every Dot in Healthcare, are also used by Nimbus. The Lake Hills Pharmacy name and all third-party names and marks belong to their owners. You may not use any of them without written permission.

If you send us feedback, you grant Nimbus a perpetual, worldwide, royalty-free license to use it without restriction or payment. This license does not cover health information or other personal information, which is handled under the Privacy Policy and the Notice of Privacy Practices.

If you believe that material on the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act to Nimbus Healthcare Corporation, Attention: Legal, 12005 Bee Cave Road, Suite 1A, Austin, Texas 78738, with a copy to support@nimbushealthcare.com. The notice must identify the work and the material, give your contact details, state your good faith belief that the use is not authorized, state under penalty of perjury that the notice is accurate and that you are the owner or authorized to act for the owner, and be signed.

Third-party services and links

The Services may link to, or rely on, services provided by others, such as payment, messaging, shipping, laboratory and pharmacy providers. Those third parties are responsible for their own content, terms and privacy practices. Lake Hills Pharmacy has its own terms and conditions, which apply to pharmacy services.

Suspension and termination

You may stop using the Services at any time. We may suspend or end your access, with notice where practical, if you breach these Terms, if your use creates risk for others or for the Services, if the law requires it, or if we stop offering a Service. Suspension or termination does not affect any established clinical relationship or any records that the law requires to be kept. Decisions about continuity of care, including referral and any transition of treatment, remain with your clinician.

Disclaimers

To the extent the law permits, the Services are provided "as is" and "as available". Nimbus does not warrant that the technology will be uninterrupted, error-free or free of harmful components, and it makes no other warranty, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits any duty that healthcare, pharmacy, consumer protection or privacy law places on Nimbus, or on any clinician or pharmacist.

Limitation of liability

To the extent the law permits:

• Nimbus and its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Services; and
• the total liability of Nimbus for all claims relating to the Services will not exceed the greater of the amounts you paid to Nimbus in the twelve months before the claim arose or one hundred dollars.

These limits do not apply to liability for fraud, gross negligence or willful misconduct, to liability for death or personal injury caused by negligence, or to any right that cannot be limited by law. These limits also do not apply to, and do not reduce, the professional liability of a licensed clinician or pharmacist for professional services. Each of them answers for their own services as the law provides, and nothing in these Terms limits your rights against them.

Indemnity

To the extent the law permits, you agree to defend and indemnify Nimbus and its officers, directors, employees and agents against claims, losses and reasonable expenses, including attorney fees, that arise from your breach of these Terms, your misuse of the Services or your violation of law. This does not apply to the extent a claim is caused by the negligence of Nimbus.

Dispute resolution and arbitration

Please read this section carefully. It affects your rights.

Informal resolution first. Before starting an arbitration or a lawsuit, you and Nimbus agree to try to resolve any dispute informally. You will send a written notice to Nimbus Healthcare Corporation, Attention: Legal, 12005 Bee Cave Road, Suite 1A, Austin, Texas 78738, or to support@nimbushealthcare.com, that describes the dispute and the relief you want. Nimbus will send any notice to the email address on your account. The parties will have sixty days from receipt of the notice to resolve the dispute. Neither party may start an arbitration or a lawsuit before that period ends.

Agreement to arbitrate. If the dispute is not resolved informally, you and Nimbus agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, the Site or your relationship with Nimbus will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for individuals) or its Commercial Arbitration Rules (for businesses) in effect when the arbitration is started. The rules are available at www.adr.org. The Federal Arbitration Act governs this section. The arbitrator, and not any court, decides whether a dispute is subject to arbitration, except that a court decides whether the class and representative waiver below is enforceable.

Where the arbitration happens. If you are an individual, the hearing will take place in the county where you live, or by video conference if you prefer. If you are a business, the hearing will take place in Travis County, Texas. A claim for ten thousand dollars or less may be decided on the documents alone if you ask.

Costs. Arbitration fees are allocated under the applicable AAA rules. If you are an individual and the arbitrator awards you more than Nimbus's last written settlement offer, Nimbus will pay your reasonable attorney fees as the arbitrator determines. Nimbus will not seek its own attorney fees from an individual unless the arbitrator finds the claim frivolous.

Class and representative waiver. You and Nimbus agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and not in arbitration, and the rest of this section continues to apply.

Mass arbitration. If twenty-five or more similar arbitration demands are filed against Nimbus by the same or coordinated counsel within ninety days, the parties agree that the demands will be administered under the AAA Mass Arbitration Supplementary Rules, that the demands will be resolved in batches of no more than one hundred, and that the arbitration fees for each batch will be paid only when that batch begins.

What is not covered. Either party may bring an individual claim in small claims court. Either party may seek an injunction or other equitable relief in court to protect intellectual property or confidential information. Nothing in this section limits your right to file a complaint with a state medical board, a state board of pharmacy, the U.S. Department of Health and Human Services Office for Civil Rights, a state attorney general or any other regulator, or to make a privacy request under applicable law.

Thirty-day right to opt out. You may opt out of this arbitration agreement by sending an email to support@nimbushealthcare.com with the subject line "Arbitration opt-out", your name and the email address on your account, within thirty days after you first accept these Terms. If you opt out, this section will not apply to you, and disputes will be resolved in the courts described below.

Courts and governing law. These Terms and any dispute are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law rules. Any dispute that is not subject to arbitration will be brought only in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

Time limit. Any claim must be started within two years after the claim arises, or it is permanently barred, unless the law does not allow that period to be shortened. The time limit and any statute of limitations are paused for both parties from the date a notice of dispute is sent until the informal resolution period ends, and, for a demand held for a later batch, from the date the demand is filed until its batch begins.

Changes to this section. If Nimbus changes this section after you accept these Terms, you may reject the change by sending the opt-out email described above within thirty days after the change takes effect, in which case the version of this section in effect when you last accepted these Terms will continue to apply.

Order of precedence

If these Terms conflict with a document that applies to a specific service, the following order applies: first, the Platform Agreement for organizations that use Nimbus OS®; second, the Telehealth Informed Consent and any treatment-specific consent you sign; third, the Subscription, Cancellation and Refund Policy; fourth, these Terms. The Privacy Policy and the Notice of Privacy Practices describe how information is handled and are not changed by this order.

Changes to these Terms

We may update these Terms from time to time. The current version is always available on the Site with its version number and the date it was last updated. This version is 1.0.1, was last updated on October 11, 2026, and is effective October 11, 2026. If we make a material change, we will give notice on the Site or by email where practical. Your continued use of the Services after a change takes effect means you accept it.

General

• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• Severability. If a provision is held unenforceable, the rest of these Terms remain in effect.
• Waiver. A failure to enforce a right is not a waiver of that right.
• Entire agreement. These Terms and the documents they reference are the entire agreement between you and Nimbus about the Services. For organizations, the Platform Agreement governs the matters it covers.
• Survival. Provisions that by their nature should continue after termination will survive.
• Electronic notices. We may give notice by posting on the Site or by email to the address on your account.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than an obligation to pay.
• Export and use in the United States. The Services are operated from the United States for use in the United States. You may not use or export them in violation of United States law.

Contact

For questions about these Terms, email support@nimbushealthcare.com. For legal notices, write to Nimbus Healthcare Corporation, Attention: Legal, 12005 Bee Cave Road, Suite 1A, Austin, Texas 78738. For privacy requests, email privacy@nimbushealthcare.com.