emergencies and medical disclaimer

 

nymble is not a doctor and is no substitute for medical care from a licensed healthcare professional. Do not delay or avoid obtaining in-person care from your doctor.

 

Medical care is not provided through the Services and they are not intended to provide any information regarding which drugs or medical treatment may be appropriate for you. You should disregard any such advice delivered through the Services. 

 

USE OF THE SERVICES IS NOT FOR EMERGENCY MEDICAL PURPOSES. IF YOU HAVE A MEDICAL EMERGENCY, INCLUDING THOUGHTS OF SUICIDE, HURTING YOURSELF OR OTHERS, PLEASE CONTACT YOUR LOCAL EMERGENCY DEPARTMENT IMMEDIATELY.

 

definitions

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An “Account” is your unique user relationship with nymble. nymble uses unique phone numbers and email addresses to distinguish user accounts. Your account will be linked to a Subscriber Organization relationship for commercial terms, including payment for your account, as described below.

 

The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “Terms of Service” or the ToS) and all other policies, including the nymble Privacy Commitment. nymble establishes commercial contractual terms with Subscriber Organizations to provide you with access to the Services. Those terms are solely between nymble and the Subscriber Organization.

 

“Content” includes all chats generated by nymble within the Services.”Your Content” are your contributions to nymble chats.

 

“nymble,” “We,” and “Us” refer to Nymble Health Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

 

The “Services” describes the nymble chat engine, software, products, and services provided by nymble.

 

“Subscriber Organization” refers to the enterprise business customers who are paying nymble to grant you access to the Services.  

 

“Website” refers to this website, nymble.health, and all content provided through the Website.

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nymble accounts

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1. To use the Service:

• You must be a real person to use the Services. No bots, scripts, or automated services may be used to create accounts or engage with the Services, except as described in our product documentation.

• You must be 18 or older. We do not permit any users under 18 to use the Services, even with authorization from a legal guardian. If we identify a user that is under 18, we will terminate the account immediately. 

• You must reside in Canada or the United States.

• You must be under the care of a registered health professional. We recommend that you inform your care providers of your use of the Services.

• You must meet the Clinical Eligibility requirements described in these Terms of Service.

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2. You may be prohibited from using the Service in certain jurisdictions. Sorry. We reserve the right to block or revoke access to the Service in accordance with applicable laws.

 

3. We may refuse to offer the Services to any person. We may also change Clinical Eligibility criteria at any time for any reason, which could result in the termination of your existing account. Again, we are sorry. User safety remains our top priority.

 

4. To register for a nymble account, you must provide a valid phone number and email address. As described in our Privacy Policy, all other information is optional. For your account to be verified, you will need to validate your ownership of the phone number. To activate the Service, your account will also need to be authorized by a Subscribing Organization.

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clinical eligibility

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5. The Services are not for everyone. We have established the following clinical safeguards to reduce the risk that you have a bad experience. You should not use the Service if any of the following criteria apply to you:

 

• Acute medical conditions. If you have severe or unstable medical conditions requiring immediate, intensive in-person care.

 

• Inability to provide informed consent. If you are unable to understand these Terms of Service, the role of AI-generated content, or cannot give consent for the use of Your Content.

 

• Severe cognitive impairment. If you cannot engage in the technology or follow instructions without significant caregiver involvement.

 

• Poor digital literacy. If you have difficulty using smartphones, apps, or computers, unless comprehensive caregiver support is available.

 

• Lack of access to care. If you are unable to obtain care from a registered healthcare professional. 

 

• Unstable mental health conditions. If you are experiencing ongoing mental health crises or psychiatric instability that requires frequent medical care.

 

• Rare or unstudied conditions. If you have a rare disease or conditions not well-represented in the Services’ AI dataset, which could result in inaccurate or unreliable recommendations.

 

• Severe sensory impairments without adaptations. If you have sensory impairments that prevent effective use of the Services without adaptive support.

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• Patients with a mistrust of technology or AI. If you fundamentally mistrust or are unwilling to engage with AI-powered tools or automated systems.

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privacy and security safeguards

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6. nymble may only collect, use, and disclose your personal information in accordance with our Privacy Commitment. 

 

7. In developing the Services, we subscribe to responsible AI development practices described within our Privacy Commitment.

 

8. We summarize our security safeguards within our Privacy Commitment. Data protection and patient safety remain our top priority.

 

9. You acknowledge and agree that nymble may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are transparent about our use of third-party service providers.

 

10. You are responsible for keeping your Account secure. It is up to you to configure your account settings and protect your password. You must also ensure to secure your personal devices to protect against unauthorized access to the Services. Please enforce strong authentication on your mobile device, keep your device up to date, limit permissions to your messaging applications, and do not share your device with other people.

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disclaimer of warranties

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11. nymble provides the Services “as is” and “as available,” without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, regarding the Services, including without limitation any merchantability, warranty of fitness for a particular purpose, title, security, accuracy, and non-infringement. THE USE OF THE SERVICES IS AT YOUR OWN RISK.

 

12. Service availability commitments apply to the Subscriber Organization, not to you as the user. We do not guarantee that the Services will meet your needs, deliver specific health outcomes, or be uninterrupted, timely, secure, or error-free. We also do not guarantee the accuracy, reliability, or correctness of the information provided, or that defects will be fixed. The Services may not always be available at a certain time or location. You are fully responsible for any loss or risk from following recommendations, information, or content generated by the Services.

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release and indemnification

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13. You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the the Services, including but not limited to your violation of these Terms of Service, provided that we (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases nymble of all liability); and (3) provide to you all reasonable assistance, at your expense.

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limitation of liability

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14. You understand and agree that the liability of nymble out of any claim, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that results from:

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• your use or inability to use the Services;

• any adverse health outcomes through your use of the Services; 

• the services generally or the software or systems that make the Services available;

• unauthorized access to or alterations of your messages or data;

• any other user interactions that you input or receive through your use of the Services; or

• any other matter relating to the Services

 

will not exceed the greater of the total amount your subscribing organization has paid nymble for your use of the Services within the six month period before the date the claim arose; or one hundred Canadian dollars ($100 CAD). Our liability is limited even if we have been informed of the possibility of such damages. The limitations in this section apply only to the maximum extent permitted by applicable law. 

 

15. Each provision of this Agreement that provides for limitation of liability, indemnification, disclaimer of warranties, or exclusion of damages is to allocate the risks associated with the Services between you and nymble. This allocation is reflected in the pricing offered by nymble to your Subscribing Organization and is an essential element of the bargain between the parties.

 

16. Multiple claims shall not expand the limitations specified in this section.

 

17. nymble’s affiliates, suppliers, licensors, and Subscribing Organizations are intended third-party beneficiaries of the above limitation of liability.

 

18. Some countries, states, and provinces do not allow certain exclusions or limitations of liability. As a result, the liability exclusions and warranty disclaimers in these Terms of Service may not fully apply to you if local laws prohibit such terms.

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intellectual property

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19. If you believe your intellectual property rights are being infringed by nymble, please notify us at legal@nymble.health. In your email, please provide the following information:

 

• A description of the copyrighted work you believe has been infringed.

• Details on where the allegedly infringing content is located on our site or the prompts that generated the content within the Services (screenshots);

• Your contact information, including your address, phone number, and email;

• A statement that you believe, in good faith, that the use of the content is not authorized by the copyright owner, their agent, or the law; and

• A statement confirming that the information you provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

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20. nymble owns all intellectual property rights related to the Website and Services. We reserve all rights that are not specifically given to you in this Agreement or by law. The look and feel of the Website and Service is copyright © Nymble Health Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the visual design elements, concepts, or templated chat prompts without express written permission from us.

 

21. We own the Content generated by the Services. You own Your Content, being your chats and queries with the Services. For us to improve the Services, you grant us and our legal successors a license to store, analyze, parse, and and make copies of Your Content. This license includes the right to use Your Content for training our AI technology within the Services as well as for continuing research and development to improve the Services. 

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communicating with nymble

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22. By using our Service, you (1) agree to get messages from us through email or by chat through your selected messaging application, and (2) understand that anything we send you electronically, including this Agreement, or notices, satisfies the same requirements as if it were sent on paper. This does not impact any of your legal rights that cannot be waived.

 

23. Legal notice to nymble must be in writing and served on nymble’s legal agent.

 

24. nymble only offers support via email and chat services. We do not offer telephone support.

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termination

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25. You can cancel the Services at any time through from within your account settings. We are not able to cancel accounts through an email request. nymble may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately.

 

26. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your profile and Your Content within 90 days of cancellation (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.

27. All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

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changes to the agreement

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28. We reserve the right to amend these Terms of Service at any time. We will notify you of material changes to this Agreement at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your nymble account. Your continued use of the Services after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Services constitutes agreement to our revisions of these Terms of Service. An archive of previous terms will be maintained on the Website.

 

29. We also reserve the right to change or even shut down parts of the Services, temporarily or permanently, at anytime, with or without notice.

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Miscellaneous

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30.  This Agreement and your relationship with nymble will be governed by the laws of British Columbia, Canada, and treated as if it was made in British Columbia. Any disputes related to this Agreement will be handled in the courts of Vancouver, British Columbia. By agreeing to this, you accept the authority of those courts and agree not to dispute the location. If either party has to take legal action to enforce this Agreement, the winning party will have the right to recover legal fees and costs.

 

31. If you have a dispute, let’s talk about it before you pursue legal action. You and nymble agree to try and resolve disputes informally by sending notice to legal@nymble.health. If we cannot resolve the dispute within 60 days, either of us has the right to initiate arbitration. Any limitation period will be paused during this informal dispute resolution period.

 

32. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the Vancouver International  Arbitration Centre (VanIAC) pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.

 

33.  You agree that disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and nymble knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

 

34. The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

 

35. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void. nymble may assign or delegate these Terms of Service and/or the nymble Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license granted in these Terms of Service.

 

36. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of nymble to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

37.  If you have any questions about this agreement or the nymble Privacy Policy, please contact legal@nymble.health.