Terms of Service

NextDayDoctor MSO LLC  ·  Last Updated: March 25, 2026

Terms of Service

Last Updated: March 26, 2026

Welcome to NextDayDoctor. These Terms of Service ("Terms") govern your access to and use of the NextDayDoctor website, mobile application, and related services (collectively, the "Platform"). The Platform is operated by NextDayDoctor MSO LLC, a Nevada limited liability company operating under a Management Services Organization ("MSO") model ("NextDayDoctor," "we," "us," or "our"). The Platform technology is owned by Strongwork LLC and licensed to NextDayDoctor MSO LLC; references to "NextDayDoctor" in these Terms include the technology platform provided by Strongwork LLC under that license.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 20 FOR DETAILS.


1. Description of Services

NextDayDoctor is a technology and administrative services platform operating under an MSO model. NextDayDoctor does not itself practice medicine, provide clinical care, or employ healthcare providers. Medical services available through the Platform are provided exclusively by independently licensed healthcare professionals and medical groups who contract to use our platform, including Tristan Cooper MD PLLC and its affiliated healthcare providers (collectively, the "Medical Practice").

Through the Platform, you can:

  • Schedule and attend telehealth appointments with independently licensed healthcare providers
  • Manage your health information and appointment history
  • Book appointments for yourself or authorized dependents
  • Communicate with healthcare providers through secure messaging
  • Access clinical records associated with your care
  • Interact with AI-powered features that provide general health information (see Section 16.5)

Your relationship with the Medical Practice, including all matters of clinical care, diagnosis, treatment, and informed consent, is governed by separate clinical documents including a Notice of Privacy Practices, Telehealth Informed Consent, and any applicable treatment agreements.

The Services available through the Platform are not a replacement for an ongoing primary care provider relationship. You should continue to consult with your primary care provider and any other healthcare providers as needed or recommended. Healthcare providers using the Platform may recommend follow-up or in-person care, and you agree to seek such care when recommended. You understand that the scope of telehealth services may be limited by the nature of your condition or applicable law.


2. Eligibility

To use the Platform, you must:

  • Be at least 18 years of age, or the age of majority in your jurisdiction, or a parent or legal guardian accessing the Platform on behalf of a minor (see Section 3)
  • Be located in a U.S. state where the healthcare provider you are accessing is properly licensed to practice at the time of any telehealth consultation
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Platform under applicable federal, state, or local law

By accessing the Platform, you represent and warrant that you meet all of the above requirements.


3. Use of the Platform by Minors

The Platform is intended for use by individuals who are at least 18 years of age. Minors under the age of 18 may not create a user account or independently access the Platform.

3.1 Parent or Guardian Accounts for Minors

A parent or legal guardian may register for an account and initiate care on a minor's behalf. By doing so, the parent or legal guardian represents and warrants that they have legal authority to make healthcare decisions for the minor and agrees to be bound by these Terms on the minor's behalf. The parent or legal guardian is solely responsible for all activity conducted through their account in connection with the minor's care and for all associated fees.

3.2 Physical Presence Requirement

Unless otherwise expressly permitted by applicable state law, a parent or legal guardian who wishes to have a healthcare provider evaluate or treat a minor must be physically present with the minor at the time of the telehealth encounter. You will be required to confirm your identity as parent or legal guardian and to provide informed consent for the provision of services on the minor's behalf.

3.3 Minor Consent Exceptions Under State Law

In certain circumstances, applicable state law may permit a minor to consent to specific categories of healthcare services without parental involvement, including but not limited to reproductive health, mental health, or substance use treatment. In such cases, the healthcare provider is solely responsible for determining whether a legal exception applies and for complying with applicable law. If a minor is legally permitted to consent to their own care, the minor may lawfully exclude a parent or guardian from the consultation and related medical information.

3.4 Unauthorized Minor Access

If you are a parent or legal guardian and believe your child has accessed the Platform or received services without your authorization, please contact us immediately at support@nextdaydoctor.com.


4. User Accounts

4.1 Account Registration

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You may not create more than one account and may not share or transfer your account credentials to any other person.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately at support@nextdaydoctor.com of any unauthorized access to or use of your account or any security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials or from your failure to promptly report unauthorized access. We strongly recommend that you do not access your account from public or shared computers and that you log out completely at the end of each session.

4.3 Account Accuracy

By agreeing to these Terms, you certify that all information you provide under your account, at all times, is true, accurate, current, and complete to the best of your knowledge. Providing false or misleading account information, including misrepresentation of your location at the time of a telehealth consultation, may result in immediate account termination and may constitute a violation of applicable law.


5. Fees and Payment

5.1 Service Fees

Fees for telehealth consultations and other services are displayed on the Platform at the time of booking. All fees are in U.S. dollars unless otherwise indicated. We reserve the right to modify our fee schedule at any time; however, changes will not affect appointments already confirmed and paid.

5.2 Payment Authorization

By providing payment information, you authorize Tristan Cooper MD PLLC (DBA NextDayDoctor Medical Group) and its authorized payment processors to charge your designated payment method for all fees and charges due in connection with services rendered through your account, including services rendered to any dependents booked through your account. You agree to keep your billing information current and accurate and to promptly update any changes.

5.3 Missed Appointments and Cancellations

You may be responsible for a missed appointment fee if you do not cancel a scheduled appointment at least twenty-four (24) hours in advance of the scheduled appointment time. Refunds for services rendered may be issued in our discretion. Cancellation policies applicable to a specific service type will be displayed at the time of booking.

5.4 Fraudulent or Unauthorized Billing

If you become aware of any unauthorized use of your payment credentials or billing account, you must notify us immediately at support@nextdaydoctor.com and take steps to secure your account. Unless you immediately notify us of unauthorized use, you agree that we may continue billing your account for any use that occurs under your credentials. You authorize us to correct any billing errors, whether or not payment has already been requested or received.

5.5 Payment Method Providers

If your designated payment method provider does not remit full payment, you agree to pay all outstanding amounts within sixty (60) days of our request. Any terms imposed by your payment method provider are independent of and do not modify these Terms.


6. Cash-Pay Policy

6.1 Cash Pay Only

The Platform is a cash-pay service. We do not accept insurance, submit insurance claims, verify insurance eligibility, or participate in any insurance network on your behalf. You are responsible for the full cost of services at the time of booking regardless of any insurance coverage you may hold. If you wish to seek reimbursement from your insurer independently, we can provide a visit receipt or superbill upon request; however, we make no representation that any service will be covered or reimbursed by your insurer, and we accept no responsibility for claim submissions or outcomes.

6.2 No Balance Billing

Because this is a direct-pay platform, there is no balance billing, surprise billing, or post-service invoicing for services that were disclosed and paid at the time of booking. Any additional charges (such as no-show fees) are governed by Section 5.3.


7. Electronic Communications and Consent

7.1 Consent to Electronic Communications

By creating an account and using the Platform, you consent to receive communications from NextDayDoctor electronically, including via: (a) email, at the address you provide during registration; (b) SMS/text message, at the mobile number you provide; (c) push notifications through the mobile application; and (d) notices posted to the Platform. Electronic communications from us are effective when sent, regardless of whether you actually receive or read them.

7.2 SMS and Text Messages

By providing your mobile number and using the Platform, you expressly consent to receive automated or manually dialed text messages from NextDayDoctor and its messaging service providers (including but not limited to Twilio) for purposes including appointment reminders, confirmations, status updates, and administrative notices. Standard message and data rates may apply. You may opt out of receiving text messages at any time by replying "STOP" to any text message from us. Opting out of text messages will not affect your ability to receive communications by email or through the Platform.

7.3 Communications Do Not Establish Provider-Patient Relationship

General messages, emails, or voicemails sent to or received from NextDayDoctor's support channels do not give rise to a provider-patient relationship, an ongoing treatment relationship, or constitute medical treatment, diagnosis, therapy, or advice. If you are experiencing or could be experiencing a medical emergency, call 911 or seek emergency care immediately.

7.4 Email Security

NextDayDoctor cannot guarantee the security of communications sent via unencrypted email. If you choose to send protected health information by email through an unsecured channel, you acknowledge that email is not a secure medium of communication and that you do so at your own risk.


8. Privacy, HIPAA, and Security

8.1 HIPAA Compliance

NextDayDoctor is committed to compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations, including the Privacy Rule and Security Rule, as applicable to our role as a Business Associate to the Medical Practice. We maintain administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of protected health information ("PHI") handled through the Platform.

8.2 Notice of Privacy Practices

Our Notice of Privacy Practices, incorporated herein by reference, describes how the Medical Practice and NextDayDoctor may use and disclose your PHI and your rights with respect to that information. By using the Platform, you acknowledge receipt of and agree to the Notice of Privacy Practices.

8.3 Data Security

Clinical information, medical records, and PHI associated with your care are stored on encrypted servers maintained by NextDayDoctor and its authorized third-party technology partners in accordance with applicable law. Network and software security protocols are implemented to protect against unauthorized access, use, and disclosure of your information.

8.4 Right to Access Health Records Post-Termination

Termination of your account does not affect your rights under HIPAA to access or obtain copies of your medical records. Following termination, you may request access to your records as set forth in the Notice of Privacy Practices. Healthcare providers who have treated you through the Platform remain subject to their independent professional and legal obligations to provide continuing care and records access where required by law.


9. Third-Party Services and Integrations

9.1 Third-Party Technology Partners

The Platform integrates third-party technology services to facilitate its operation, including but not limited to payment processors, communication services (including Twilio for SMS and voice), cloud infrastructure, and analytics tools. These third-party providers may have access to your personal information and/or PHI as necessary to perform their functions. Where required by HIPAA, NextDayDoctor enters into Business Associate Agreements with such providers. However, each third-party provider operates under its own terms of service and privacy policies, which are independent of these Terms.

9.2 No Endorsement of Third Parties

NextDayDoctor makes no representations or warranties regarding the practices, policies, or security of any third-party service. We do not endorse and are not responsible for the content, products, or services offered by third-party websites or applications that may be linked to or integrated with the Platform. Your use of any third-party service is at your own risk and subject to the terms of that third party.

9.3 Third-Party Links

The Platform may contain links to third-party websites. NextDayDoctor is not responsible for the accuracy, legality, content, or practices of any linked third-party websites and shall not be liable for any damages arising from your use of or reliance on such websites.


10. Access Rights

NextDayDoctor grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform solely for your personal, non-commercial use and only as permitted under these Terms. This right does not include the right to: (a) sublicense or transfer your access rights to any third party; (b) reverse-engineer, decompile, disassemble, or attempt to derive the source code of any software component of the Platform; (c) use automated scripts, bots, scrapers, or other tools to access or interact with the Platform; or (d) use the Platform in any way that exceeds the scope of use granted herein. We reserve the right to suspend or revoke your access at any time and for any reason.


11. Telehealth — Benefits and Risks

11.1 Benefits of Telehealth

Telehealth services can improve access to healthcare by enabling patients to consult with licensed providers from their own location, often at greater convenience and lower cost than traditional in-person visits. Through the Platform, you may receive evaluation, diagnosis, treatment recommendations, prescriptions (where permitted by law and clinically appropriate), and care coordination.

11.2 Risks and Limitations of Telehealth

As with any healthcare service, telehealth involves potential risks and limitations, including:

  • Incomplete Information: Information available to a provider through a remote encounter may be insufficient to make a correct diagnosis or clinical decision. Physical examination findings that can only be obtained in person will not be available to the provider.
  • Technical Failures: Telehealth depends on electronic communications infrastructure. Technical failures, poor connectivity, power outages, or hardware malfunctions could delay, disrupt, or terminate a consultation.
  • Security Risks: Although security protocols are implemented, no electronic system is entirely secure. A security breach could result in unauthorized access to your PHI.
  • Referral to In-Person Care: A healthcare provider may determine that your condition requires in-person evaluation and may decline to provide remote services. In such cases, you will be referred to appropriate in-person care. You agree to follow such referrals when clinically recommended.
  • Prescribing Limitations: Not all medications or treatments may be prescribed or recommended via telehealth. Applicable state and federal law may restrict the type of care or prescriptions available through remote consultation.
  • Novel Risks: Telehealth remains a relatively evolving mode of care delivery. Risks not yet fully identified may exist.

11.3 Acknowledgment

By using the Platform to receive telehealth services, you acknowledge that you have read and understood the benefits and risks of telehealth described above and that you consent to receive care through this modality.


12. Not for Emergencies

THE PLATFORM IS NOT INTENDED FOR MEDICAL EMERGENCIES AND DOES NOT SUPPORT EMERGENCY CARE OR CRISIS INTERVENTION OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE PLATFORM TO SEEK EMERGENCY CARE. RESPONSE TIMES THROUGH THE PLATFORM CANNOT BE GUARANTEED.


13. Geographical Restrictions

13.1 U.S. Only; State Licensing

Medical services available through the Platform are offered only to individuals who are physically located within a U.S. state where the healthcare provider they are accessing is duly licensed to practice at the time of the consultation. The Platform is not intended for use outside of the United States.

13.2 Location Certification

By accessing telehealth services through the Platform, you certify that you are physically located within the United States and within a state where the healthcare provider you are consulting is appropriately licensed. Healthcare providers rely on your certification to comply with applicable state licensure laws, and your access to services is expressly conditioned upon the accuracy and truthfulness of this certification. NextDayDoctor may use technical measures, including IP address-based geolocation, to assist in verifying your general location; however, primary responsibility for accurate location disclosure rests with you.

13.3 Misrepresentation of Location

Misrepresenting your location constitutes a material breach of these Terms, may violate applicable law and professional licensing rules, and may result in immediate account termination. You agree to indemnify and hold harmless NextDayDoctor, the Medical Practice, and their respective officers, directors, employees, and agents from any and all losses, liabilities, damages, costs, penalties, and claims — including claims brought by regulators, licensing boards, or third parties — arising from your false or misleading location representation.


14. User Responsibilities and Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

  • Provide false, misleading, or inaccurate information, including misrepresenting your identity, location, or authority to act on behalf of another person
  • Use the Platform for any illegal, unauthorized, or fraudulent purpose
  • Attempt to gain unauthorized access to any portion of the Platform, its systems, or data
  • Interfere with or disrupt the Platform or servers or networks connected to the Platform
  • Use the Platform to transmit viruses, malware, ransomware, or other harmful code
  • Impersonate any person or entity
  • Use the Platform to harass, threaten, intimidate, or abuse healthcare providers or other Platform users
  • Engage in abusive, threatening, or inappropriate conduct toward healthcare providers or NextDayDoctor staff through any Platform communication channel
  • Collect or harvest any information from the Platform without authorization
  • Use the Platform in any manner that could disable, overburden, damage, or impair its operation
  • Contact healthcare providers encountered through the Platform for healthcare services outside of the Platform; NextDayDoctor is not responsible for any interactions with healthcare providers conducted outside the Platform

15. Intellectual Property

The Platform and its technology are owned by Strongwork LLC and licensed to NextDayDoctor MSO LLC. All contents, features, and functionality of the Platform — including all software, text, displays, images, video, audio, design, selection, and arrangement — are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform without prior written consent from NextDayDoctor MSO LLC. No license or right is granted to you by implication, estoppel, or otherwise with respect to any intellectual property other than the limited access right granted in Section 10.


16. Disclaimers of Warranties

16.1 Platform Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, ACCURACY OF DATA, AND SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

16.2 Medical Services Disclaimer

NextDayDoctor does not provide medical advice, diagnosis, or treatment. All medical services are provided by the Medical Practice and its independently licensed healthcare providers. NextDayDoctor does not endorse, recommend, or make any representations or warranties regarding the qualifications, expertise, or quality of any healthcare provider or the medical advice, diagnosis, or treatment they provide. Your reliance on any information provided through the Platform is solely at your own risk.

16.3 General Health Information

Any general health information available on the Platform is for informational purposes only and is not intended to substitute for professional medical advice. General information does not form the basis of a provider-patient relationship. You should always consult an appropriately licensed healthcare provider for specific medical concerns.

16.4 No Guarantee of Outcomes

We do not guarantee any specific results, outcomes, or benefits from your use of the Platform or from services received through the Platform.

16.5 AI-Generated Content

THE PLATFORM MAY INCORPORATE ARTIFICIAL INTELLIGENCE ("AI") FEATURES, INCLUDING AI-POWERED CHAT AGENTS AND INFORMATION TOOLS, THAT PROVIDE GENERAL HEALTH INFORMATION OR ASSIST WITH PLATFORM NAVIGATION AND CARE COORDINATION. ALL AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. AI CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND DOES NOT ESTABLISH A PROVIDER-PATIENT RELATIONSHIP. AI FEATURES ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A LICENSED HEALTHCARE PROVIDER AND MUST NOT BE RELIED UPON FOR MEDICAL DECISION-MAKING.

AI-generated responses may be incomplete, inaccurate, or inapplicable to your specific circumstances. Always consult a licensed healthcare provider before making any medical decisions. NextDayDoctor expressly disclaims all liability for any action taken or not taken in reliance on AI-generated content. You understand that AI systems can produce errors and that responses are generated based on patterns in data, not clinical evaluation of your individual case.

If you are experiencing a medical emergency, call 911 immediately. Do not use AI features to seek emergency guidance.

Your interactions with AI features may be used to improve Platform services, subject to our Privacy Policy. If your AI interaction involves health information that constitutes PHI, it is handled in accordance with our HIPAA obligations.


17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTDAYDOCTOR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO NEXTDAYDOCTOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

NEXTDAYDOCTOR IS NOT LIABLE FOR ANY ACTS OR OMISSIONS OF HEALTHCARE PROVIDERS, INCLUDING ANY ACTS OF MEDICAL MALPRACTICE, NEGLIGENCE, OR PROFESSIONAL MISCONDUCT. ALL CLAIMS RELATED TO MEDICAL SERVICES OR CLINICAL CARE MUST BE DIRECTED TO THE MEDICAL PRACTICE AND THE INDIVIDUAL PROVIDER.

YOU RELEASE NEXTDAYDOCTOR AND HOLD IT AND ITS THIRD-PARTY TECHNOLOGY PROVIDERS, SUPPLIERS, AND SERVICE PARTNERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE FULL DISCLAIMER OF ANY IMPLIED WARRANTY OR LIMITATION OF LIABILITY, THE SCOPE AND DURATION OF ANY SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.


18. Indemnification

You agree to defend, indemnify, and hold harmless NextDayDoctor, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Platform; (c) your provision of false or misleading information, including misrepresentation of your location; (d) your booking of services for a minor without proper legal authority; or (e) any claim by a third party arising from your conduct through the Platform.


19. Clinical Records and Retention

Clinical records created as a result of your use of the Platform and the services of the Medical Practice will be securely maintained by NextDayDoctor and/or its authorized partners on behalf of the Medical Practice, for a period no less than the minimum number of years required under applicable state and federal law, which is typically at least six (6) years from the date of creation or last effective date, whichever is later. You have the right to request access to your medical records as described in the Notice of Privacy Practices.


19A. Multi-Practice Data Isolation

19A.1 Practice-Level Data Siloing

The Platform may be used by multiple independent medical practices ("Practices"). Clinical records — including encounter notes, chart documents, prescriptions, diagnoses, imaging orders, laboratory orders, and uploaded documents — created by one Practice are accessible only to the authorized staff of that Practice. Staff from one Practice cannot access clinical records created by a different Practice, even if both Practices have treated the same patient.

19A.2 Your Records Across Practices

If you receive care from more than one Practice using the Platform, each Practice maintains its own separate record of your care with that Practice. You have the right to request a copy of your records from each Practice independently, as described in the applicable Notice of Privacy Practices.

19A.3 Visit-Scoped Uploads

Documents and images you upload to the Platform are associated with a specific clinical visit or appointment context. Uploaded materials are accessible only to the Practice that conducted that visit. If you are seen by multiple Practices, materials uploaded in connection with one Practice's visit are not visible to another Practice's staff.

19A.4 Practice Deactivation

If a Practice ceases to use the Platform or is deactivated, the clinical records associated with that Practice are retained for the legally required minimum retention period. Access by that Practice's staff is terminated upon deactivation; your right to request copies of your records from that Practice's period of care is preserved and may be exercised by contacting us at support@nextdaydoctor.com.


20. Dispute Resolution and Arbitration

20.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@nextdaydoctor.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email within thirty (30) days of your notice. If the dispute is not resolved within thirty (30) days of your initial notice, either party may proceed to arbitration as set forth below.

20.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform that cannot be resolved informally shall be resolved by final, binding arbitration administered by the American Arbitration Association ("AAA") under the AAA's Consumer Arbitration Rules then in effect, which are incorporated herein by reference. The arbitration shall be conducted in Clark County, Nevada, unless you and NextDayDoctor agree otherwise or the AAA's rules require a different location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

20.3 Attorney's Fees

In any arbitration proceeding, including any action to compel arbitration, enforce an arbitral award, or seek injunctive relief pursuant to these Terms, the prevailing party shall be entitled to an award of their reasonable attorneys' fees and costs for such proceeding, including costs incurred at any level of appeal.

20.4 Class Action Waiver

YOU AND NEXTDAYDOCTOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE FOR ANY REASON, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT CLAIM AND SUCH CLAIM MUST PROCEED IN A COURT OF COMPETENT JURISDICTION.

20.5 Injunctive Relief Exception

Notwithstanding the foregoing, either party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent actual or threatened infringement, misappropriation, or violation of its confidential information or trade secrets.


21. Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any court action permitted under Section 20 shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction in such courts.


22. Termination

22.1 Termination by NextDayDoctor

We may suspend or terminate your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, misrepresentation of location, provision of false information, or conduct harmful to other users, healthcare providers, or NextDayDoctor.

22.2 Termination by You

You may deactivate your account and terminate your registration at any time by contacting us at support@nextdaydoctor.com. Termination does not relieve you of any obligation to pay fees incurred prior to termination.

22.3 Effect of Termination

Upon termination, your right to access and use the Platform will immediately cease. Termination does not affect: (a) your right to access your medical records under HIPAA and applicable law, which may be requested as described in the Notice of Privacy Practices; (b) any obligation of the Medical Practice or its providers to provide continuing care where required by applicable professional, ethical, or legal standards; (c) any payment obligations you have incurred; or (d) any provisions of these Terms that by their nature should survive termination, including Sections 7, 8, 15, 16, 17, 18, 19, 20, 21, and 25.


23. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email at the address associated with your account and by posting the updated Terms on the Platform, updating the "Last Updated" date. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Platform and may deactivate your account as provided in Section 22.2.


24. Disclosures and Complaint Reporting

24.1 Provider Licensing

Each healthcare provider offering services through the Platform holds one or more professional licenses issued by a state professional licensing board. You may verify a provider's license status through the relevant state licensing authority.

24.2 Reporting Complaints

You may report a complaint regarding any services received through the Platform by: (a) contacting NextDayDoctor directly at support@nextdaydoctor.com; or (b) contacting the professional licensing board in the state where services were received.

24.3 Professional Conduct

In any professional relationship, sexual intimacy between a provider and patient is never appropriate and is subject to reporting to the relevant professional licensing board. If you believe a provider has engaged in inappropriate conduct, you are encouraged to report it to the applicable state licensing authority.


25. General Provisions

25.1 Entire Agreement

These Terms, together with the Privacy Policy, Notice of Privacy Practices, and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and NextDayDoctor concerning the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Platform.

25.2 Severability

If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

25.3 Waiver

No waiver by NextDayDoctor of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The failure of NextDayDoctor to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

25.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. NextDayDoctor may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

25.5 Force Majeure

NextDayDoctor shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including natural disasters, acts of government, power failures, internet outages, or other force majeure events.


26. Agreement and Electronic Signature

By clicking "Agree," creating an account, or otherwise accessing or using the Platform, you acknowledge that:

  • You have read these Terms in their entirety
  • You understand and agree to all provisions contained herein
  • Your electronic acceptance constitutes a legal signature and is as binding as a handwritten signature
  • All questions you have about these Terms have been answered to your satisfaction, or you agree to seek clarification before using the Platform

I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL PROVISIONS CONTAINED HEREIN.


27. Contact Information

For questions about these Terms, to report violations, or to exercise your rights under these Terms, please contact us at:

NextDayDoctor MSO LLC Email: support@nextdaydoctor.com Address: 9205 West Russell Road, Suite 240, Las Vegas, Nevada 89148

Effective Date: March 25, 2026

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