Last Updated: October 25, 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 NDD MSO LLC, a Nevada limited liability company doing business as NextDayDoctor, operating under a Management Services Organization ("MSO") model ("NextDayDoctor," "we," "us," or "our"). The Platform technology is owned by Strongwork LLC, a Delaware limited liability company, and licensed to NDD MSO LLC (DBA NextDayDoctor); 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. OUR PRIVACY POLICY DESCRIBES OUR PRIVACY PRACTICES AND IS PROVIDED AS A NOTICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR 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.
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:
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.
To use the Platform, you must:
By accessing the Platform, you represent and warrant that you meet all of the above requirements.
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. Because minors may not independently register for or access the Platform, any care subject to a minor consent exception will be initiated through a parent or guardian account. In such cases, the healthcare provider is responsible for determining whether the applicable exception permits the minor to receive confidential care and for complying with any resulting obligations regarding information disclosure to the account holder. If a minor is legally permitted to consent to their own care under applicable law, the minor may lawfully exclude a parent or guardian from the consultation and related medical information, and the healthcare provider is solely responsible for determining whether such an exception applies and for complying with all obligations arising therefrom. NextDayDoctor implements platform-level flags, prompts, and administrative processes designed to assist providers in identifying encounters involving minors where a consent exception may apply, including by calculating patient age from date of birth collected at registration, confirming guardian relationship and consent at the time of booking, requiring providers to enable minor patient encounters through their account configuration, and displaying patient age within the provider interface at the time of the encounter; however, clinical and legal determination of whether any such exception applies remains the sole professional responsibility of the licensed provider.
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.
4.1 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. The foregoing restriction does not apply to account transfers or ownership reassignments initiated through the Platform's authorized account management features, including the Transfer Ownership feature; such transfers and reassignments are governed by the applicable account management policies.
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.
5.1 Service Fees
Fees for telehealth consultations and other services are displayed on the Platform before you confirm a booking, service request, or enrollment. Confirming an action approves the amount displayed for that action but does not necessarily mean that your payment method will be charged immediately. All fees are in U.S. dollars unless otherwise indicated. We reserve the right to modify our fee schedule prospectively; however, a change will not affect an appointment already confirmed at the rate shown when it was booked, a service request already submitted at the amount shown, or a membership charge already incurred.
5.2 Payment Authorization and Saved Payment Methods
When you provide a payment method and affirmatively agree that it may be saved for future use, you authorize the Medical Practice and NextDayDoctor, acting solely as the Medical Practice's disclosed administrative and billing agent, to use Stripe and other authorized payment processors to store the payment credential on behalf of the Medical Practice. Stripe, not NextDayDoctor, stores the full payment-card number. A separate saved credential may be established for each Medical Practice from which services are obtained through your account.
You authorize the Medical Practice, through NextDayDoctor in that disclosed billing capacity, to initiate one-time or recurring charges to the saved payment method without requiring you to be actively using the Platform at the time of the charge, but only for a transaction you separately requested or approved through your account. This authorization includes: (a) the disclosed amount for a visit after the visit is completed and the Provider marks it complete; (b) the disclosed amount for another service request after the request is accepted or fulfilled; (c) recurring membership installments authorized under Section 5.6; and (d) a missed-appointment or late-cancellation fee only when the amount, triggering event, and authorization to charge the saved payment method were separately disclosed before you confirmed the booking. It does not authorize a new charge to recover a transaction that you disputed or charged back.
Before you confirm the applicable booking, request, or enrollment, the Platform will show how the amount is determined. The patient-facing total may include: (a) the professional-service or membership amount; (b) a separately disclosed Platform Service Fee, currently $3.50 and subject to prospective change; and (c) a separately disclosed payment-processing amount calculated to recover the actual processing cost applicable to the transaction. The approved amount may be charged later in accordance with the timing disclosed in this Section rather than at the moment you confirm. A declined or returned payment that has not been disputed may be retried only for the same approved amount and in accordance with applicable law and payment-network rules.
This saved-payment authorization continues until you withdraw it or your account is closed. You may withdraw it at any time through the available account control or by contacting support@nextdaydoctor.com. Withdrawal stops future charges to the saved payment method after the withdrawal is processed, but does not erase an amount already owed for a service already provided. We will not charge the saved payment method for such an amount without a new authorization. If an active membership uses that payment method, withdrawal will also be treated as a request to cancel renewal of that membership as described in Section 5.6. We will obtain your fresh affirmative agreement before materially expanding the permitted uses of a saved payment method or materially changing how the timing, frequency, or amount of those charges is determined. You agree to keep your billing information current and accurate and to promptly update any changes.
5.3 Missed Appointments, Cancellations, and Refunds
You may be responsible for a missed-appointment or late-cancellation fee if you do not cancel at least twenty-four (24) hours before the scheduled appointment, but only if that fee and the applicable cancellation terms were displayed before booking. Some services are requested without a scheduled appointment time. For those requests no missed-appointment or late-cancellation fee applies.
Two different things can happen to a request, and they are charged differently.
If the visit does not happen, you are not charged. Where your Provider does not take the visit, whether because they decline to accept it or because they determine the request needs a scheduled visit, an in-person examination, or care outside the scope of the service you selected, no charge applies. The request returns to scheduling, any visit offered in its place is quoted separately and charged only if you authorize it, and the request itself is not charged whether or not you accept that visit.
If the visit happens, you are charged, even where the answer is not the one you hoped for. Where the service you selected is a professional review or examination, what you purchase is your Provider's review and clinical judgment, not a particular answer or a particular document. If your Provider completes that review or examination and concludes that the prescription, letter, order or other document you asked for should not be issued, or that no treatment is needed, the visit has been provided and the amount disclosed before you submitted the request applies. That conclusion is your Provider's alone; neither NextDayDoctor nor any commercial term of the Medical Practice directs it.
You will not be charged more than the amount shown to you when you submitted the request.
A charge for a completed visit is processed after the visit is completed, and a charge for a request made without a scheduled appointment time is processed as disclosed when you submitted that request; no fixed interval applies. If a refund is approved before the charge has been processed, no charge is made at all. Once a charge has been processed, the payment-processing amount included in it is not refundable, and a refund of that charge returns the amount charged less that payment-processing amount. These rules apply to each refund described below.
The paragraph above describing a completed review or examination whose answer is not the one you hoped for applies to a request you submit after you accept these Terms. The rule that you are not charged when the visit does not happen applies regardless and has not changed.
If another clinical consent or a booking-specific disclosure provides a refund or cancellation term that is more favorable to you, the more favorable term controls.
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 promptly upon discovery at support@nextdaydoctor.com and take steps to secure your account. Unless you promptly notify us upon discovery of unauthorized use, you agree that we may continue billing your account for any use that occurs under your credentials. NextDayDoctor will work with you to investigate and reverse unauthorized charges that are reported within thirty (30) days of the billing statement on which they appear. 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 for any reason, you agree to pay all outstanding amounts within sixty (60) days of written notice from NextDayDoctor identifying the unpaid amount. Any terms imposed by your payment method provider are independent of and do not modify these Terms.
5.6 Recurring Memberships and Subscription Billing
If you choose to enroll in a recurring membership offered through the Platform, the enrollment screen will identify the professional practice or provider entity offering the membership, the services and visits included, any exclusions or separately charged services, the amount due at enrollment, the recurring amount and billing cadence, the renewal terms, and the method of cancellation. NextDayDoctor administers the technology and billing flow but does not independently establish a professional practice's membership price or control clinical services.
By affirmatively enrolling and approving use of your saved payment method, you authorize the disclosed recurring charges to be initiated when due even when you are not actively using the Platform. This authorization continues until you cancel, withdraw the saved-payment authorization, or the membership otherwise ends. You may cancel through the account controls made available for the membership or by contacting support@nextdaydoctor.com. Withdrawing the saved-payment authorization will be treated as a request to cancel renewal and will not require a separate cancellation step. Cancellation will take effect no later than the end of the then-current paid billing period unless applicable law or the enrollment terms require an earlier effective date. We will not charge a new recurring installment after cancellation becomes effective.
Membership installments already charged are non-refundable except as required by applicable law or the enrollment terms. Cancellation does not affect charges already incurred for services provided or separately purchased. Any Platform Service Fee, processing amount, or charge for a service not included in the membership will apply only if separately disclosed before you authorize that charge. A service not included in the membership may be a visit or a service furnished without a visit, including a prescription request, laboratory order, imaging request, referral, or written note. Where a membership includes a stated monthly quantity of any such service, the quantity is counted per request rather than per item, so a single request remains one unit no matter how many prescriptions, tests, images, or pages result from it, and a service your Provider orders during a visit is part of that visit and does not reduce any stated monthly quantity or create a separate charge. Where your Provider does not take the visit, whether because they decline to accept it or because they determine a scheduled visit is needed instead, the request does not reduce any stated monthly quantity and no charge for it applies. Where your Provider completes the review or examination, the request counts as one unit of any stated monthly quantity whatever the conclusion, and where the quantity for the period is already used the separately disclosed amount for an additional request applies, in each case as described in Section 5.3. The amount you are charged for a request will never exceed the amount shown to you when you submitted it. We will provide any renewal reminder, consent, cancellation mechanism, or other disclosure required by the law applicable to the transaction.
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 disclosed before you confirm a booking, service request, or enrollment, regardless of any insurance coverage you may hold. You are not necessarily charged at booking: a completed visit is ordinarily charged after the Provider marks it complete, another service request is charged according to the timing disclosed when you submit it, and membership installments are charged according to the cadence disclosed at enrollment, in each case subject to Section 5. If you wish to seek reimbursement from your insurer independently, we can provide a visit receipt or superbill upon request (please direct superbill requests to billing@nextdaydoctor.com; superbills will be provided within a reasonable time following the completed visit); 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, we do not balance bill or submit post-service insurance claims. Charges for a consultation or membership are disclosed before confirmation, and any later charge must be authorized under Section 5. A missed-appointment or late-cancellation fee is governed by Section 5.3.
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. For routine operational communications — including appointment reminders, confirmations, and administrative updates — notices are effective when sent. For material changes to these Terms (Section 23) and HIPAA breach notifications, NextDayDoctor will use commercially reasonable efforts to confirm delivery and will comply with applicable legal notice requirements, including HIPAA's breach notification standards under 45 CFR § 164.404.
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 communications service providers 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 provides a secure messaging feature within the Platform for clinical communications with healthcare providers. You are encouraged to use this feature for any communications involving your health information. If you choose to communicate with NextDayDoctor's support team or healthcare providers via unencrypted personal email outside the Platform, NextDayDoctor cannot guarantee the security of such communications, and you acknowledge that unencrypted email is not a secure medium. Sending PHI via unencrypted email is at your own risk.
8.1 HIPAA Compliance
The Medical Practice (Tristan Cooper MD PLLC) is the HIPAA Covered Entity responsible for your protected health information. NDD MSO LLC (DBA NextDayDoctor) acts as a Business Associate of the Medical Practice and handles PHI only as necessary to operate the Platform on the Medical Practice's behalf. 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 its 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
The Medical Practice's Notice of Privacy Practices describes how the Medical Practice may use and disclose PHI and explains patient rights under HIPAA. It is a regulatory notice, not a contract requiring you to agree to its terms. Before the first clinical service, the Medical Practice will provide the Notice and make a good-faith effort to obtain a separate written or electronic acknowledgment of receipt. Refusing or being unable to sign an acknowledgment does not waive your HIPAA rights and does not, by itself, prevent treatment; the Medical Practice may document its good-faith effort and the reason an acknowledgment was not obtained.
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.
8.5 Use of De-Identified and Aggregated Data
NextDayDoctor may create and use information derived from Platform activity in aggregated form or de-identified in accordance with HIPAA's de-identification standard for internal operations, including operating, securing, analyzing, and improving the Platform and services. We do not sell, license, or otherwise commercialize this information, and we do not disclose it to third parties for their own research, academic, benchmarking, or commercial purposes except with your authorization, as separately authorized in writing by the treating Medical Practice, or as required by law.
9.1 Third-Party Technology and Operational Providers
The Platform uses service providers for functions such as payment processing, cloud infrastructure and hosting, secure communications, transcription, AI-assisted documentation, e-prescribing, and public-site analytics. A provider that creates, receives, maintains, or transmits PHI must operate under an applicable written Business Associate Agreement before receiving PHI. Payment processors receive only the payment and transaction information needed to process authorized charges and are not provided clinical information or PHI for that function. General analytics services are limited to non-PHI information from public portions of the Platform and are not deployed on authenticated pages or pages where PHI is present. Provider categories and relevant privacy practices are described in the Privacy Policy and the Medical Practice's Notice of Privacy Practices.
Each service provider operates under contractual terms applicable to its services. Those provider terms do not alter the allocation of clinical responsibility, fee-setting authority, or patient privacy obligations stated in these Terms and the applicable clinical documents.
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.
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.
11.1 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:
11.3 Controlled Substance Prescribing
The Platform does not support the prescribing of controlled substances. No healthcare provider using the Platform is authorized to prescribe Schedule II–V controlled substances through telehealth encounters conducted via the Platform. This limitation applies regardless of the nature of the consultation or the clinical judgment of the provider.
In the event of any unauthorized prescribing by a provider acting outside the scope of their Platform authorization, such provider acts solely in their individual capacity and not as an agent of NextDayDoctor. NextDayDoctor's prohibition on controlled substance prescribing is enforced at the platform level.
11.4 Telehealth Informed Consent
Your consent to receive care via telehealth, including your agreement to the terms governing telehealth care, including the benefits and risks described in this Section, is governed by the Telehealth Informed Consent you will be asked to sign before your first visit.
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.
13.1 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. A current list of the states in which telehealth services are available through the Platform is maintained at nextdaydoctor.com/practicelist and is updated as provider licensing changes. Before your booking is confirmed and payment is collected, the Platform will verify that the address you have provided for your expected location at the time of the visit is within a state where the applicable provider is currently licensed; if it is not, you will be notified and the booking will not be processed. At visit initiation, the Platform will additionally confirm your current location against the same licensing data before the encounter begins.
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 Geolocation Data Collection and Use
NextDayDoctor may collect and use geolocation data, including IP address-based location information, to verify that you are accessing services from a jurisdiction where the applicable healthcare provider is licensed to practice. This data is used solely for licensing compliance and platform security purposes. Geolocation data is not sold or shared with third parties except as necessary to fulfill these purposes or as required by law. Geolocation data is retained in accordance with our general data retention practices and is handled in accordance with our Privacy Policy and applicable state privacy law, including Nevada Revised Statutes Chapter 603A.
13.4 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.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
Off-Platform Interactions
NextDayDoctor is not responsible for, and does not support, interactions with healthcare providers conducted outside the Platform. Continuity of care obligations in any provider-patient relationship are governed by applicable professional and ethical standards and the Medical Practice's own policies.
The Platform and its technology are owned by Strongwork LLC, a Delaware limited liability company, and licensed to NDD MSO LLC (DBA NextDayDoctor) pursuant to a Technology License Agreement between those entities. 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 NDD MSO LLC (DBA NextDayDoctor). 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.
A native mobile application may be published through a mobile-application marketplace under a developer account maintained by Strongwork LLC pursuant to the Technology License Agreement and applicable brand authorization. The publisher identity displayed by a marketplace does not alter your contractual relationship with NDD MSO LLC DBA NextDayDoctor as the Platform operator. These Terms govern access through a native application, a mobile browser, or a desktop browser.
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-Assisted Clinical Documentation and AI-Generated Content
Staff-Facing AI Transcription and Documentation. Video telehealth consultations conducted through the Platform are transcribed in real time through a HIPAA-eligible service operating under a written Business Associate Agreement. Session audio is processed to generate a transcript used by the treating Provider for clinical documentation and, during the visit, to surface suggestions for that Provider's consideration, and is not retained after transcription. The Provider reviews and approves clinical documentation before it is entered into the patient record. These tools do not diagnose, prescribe, or exercise clinical judgment. During a visit they may surface to the treating Provider matters arising from the consultation for that Provider to weigh — for example questions that have not yet been asked, possible diagnoses, tests, imaging or referrals discussed, and medicines that may address something you have raised. A medicine is named as an option only; the tools do not supply a dose, strength or instructions for taking it, do not prescribe, and a prescription is issued only by your Provider as a separate step. Each is a suggestion shown together with the words from the visit that prompted it, offered without any ranking or statement of likelihood. The Provider accepts or rejects each one; nothing is entered in the patient record and nothing is ordered unless the Provider does so, and every clinical decision remains the Provider's.
Patient-Facing AI-Assisted Features. The Platform includes AI-assisted tools that may organize information provided during booking or intake for a Provider's review, provide general health information, and assist with Platform navigation or support.
ALL AI-GENERATED CONTENT PROVIDED DIRECTLY TO USERS IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, DOES NOT ESTABLISH A PROVIDER-PATIENT RELATIONSHIP, AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A LICENSED HEALTHCARE PROVIDER.
AI-generated responses may be incomplete, inaccurate, or inapplicable to your circumstances. Consult a licensed healthcare provider before making a medical decision. If you are experiencing a medical emergency, call 911 immediately and do not use an AI-assisted feature to seek emergency guidance.
PHI processed through an AI-assisted service is processed only through services covered by an applicable written Business Associate Agreement. PHI is not used to train third-party AI models. When an AI-assisted interaction or resulting documentation is maintained in the Medical Practice's designated record set, it is subject to applicable HIPAA patient rights, including access and amendment rights. Additional details appear in the Privacy Policy and the Medical Practice's Notice of Privacy Practices.
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). THE FOREGOING LIABILITY CAP DOES NOT APPLY TO: (I) CLAIMS FOR BODILY INJURY OR DEATH CAUSED BY NEXTDAYDOCTOR'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (II) CLAIMS ARISING FROM THE MEDICAL PRACTICE'S PROVISION OF CLINICAL CARE, WHICH ARE EXPRESSLY EXCLUDED FROM NEXTDAYDOCTOR'S LIABILITY AS SET FORTH BELOW AND MUST BE DIRECTED TO THE MEDICAL PRACTICE AND THE INDIVIDUAL PROVIDER.
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. THESE TERMS DO NOT LIMIT, WAIVE, OR AFFECT THE MEDICAL PRACTICE'S INDEPENDENT LEGAL AND PROFESSIONAL OBLIGATIONS TO PATIENTS, INCLUDING ANY LIABILITY ARISING FROM CLINICAL NEGLIGENCE OR MALPRACTICE, WHICH ARE GOVERNED SOLELY BY THE MEDICAL PRACTICE'S OWN AGREEMENTS, APPLICABLE PROFESSIONAL STANDARDS, AND APPLICABLE LAW.
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.
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.
Notwithstanding the foregoing, this indemnification obligation does not apply to claims arising from the Medical Practice's or any healthcare provider's own clinical negligence, professional misconduct, or failure to meet the applicable standard of care. Nothing in this Section requires you to indemnify any party for that party's own wrongful acts or omissions.
Clinical records created through services provided by the Medical Practice are maintained on the Medical Practice's behalf under the retention framework stated in its Notice of Privacy Practices and the Privacy Policy. The Medical Practice has adopted a minimum ten-year clinical-record period measured from the applicable last encounter or later record receipt or production, subject to any longer patient-jurisdiction, record-category, payor, claim, investigation, or preservation period. Nevada records may not be destroyed while the person who is the subject of the records is under age twenty-three (23). HIPAA's separate documentation-retention requirements do not establish a general medical-record retention period. Patient access and other PHI rights are governed by the Notice of Privacy Practices.
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. Your notice must be submitted in writing (email to support@nextdaydoctor.com is sufficient) and must briefly describe the nature of the dispute and the relief sought. We will attempt to resolve the dispute by contacting you via email within thirty (30) days of your notice. If NextDayDoctor fails to respond within thirty (30) days of receiving your notice, the informal resolution period is tolled and either party may proceed to arbitration as set forth below without further waiting. 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
Except for a claim governed by a separately accepted clinical agreement with the Medical Practice, any contractual dispute, controversy, or claim arising out of or relating to these Terms or your non-clinical 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. Clinical-care, informed-consent, and professional-liability claims are governed by the applicable clinical agreement and mandatory law; these Terms do not replace a healthcare-specific dispute process accepted between a patient and the Medical Practice.
(a) Hearing Format for Claims of $10,000 or Less. For any claim in which the amount in controversy is $10,000 or less, you may elect, in your sole discretion, to have the arbitration conducted: (i) by telephone; (ii) by videoconference; (iii) through written submission without any in-person or live hearing; or (iv) in person at a location reasonably convenient to your place of residence, as determined under the AAA Consumer Arbitration Rules. You must notify the AAA and NextDayDoctor of your election at the time you file your arbitration demand or, if you are the responding party, within fourteen (14) days after service of the demand upon you.
(b) In-Person Proceedings for Claims Exceeding $10,000. For any claim in which the amount in controversy exceeds $10,000, in-person arbitration proceedings shall be conducted in Clark County, Nevada, unless you and NextDayDoctor mutually agree in writing to an alternative location or format.
(c) AAA Venue Rules. To the extent that the AAA Consumer Arbitration Rules contain independent provisions governing the location or format of arbitration hearings that conflict with the venue designation in subsection (b) above, the AAA Consumer Arbitration Rules shall control and shall supersede the Clark County, Nevada designation with respect to that conflict. Nothing in this Section 20.2 is intended to limit any right you may have under the AAA Consumer Arbitration Rules to request that a hearing be held in or near your home area.
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
Each party shall bear its own attorneys' fees and costs in any arbitration proceeding, including any action to compel arbitration or enforce an arbitral award, except as follows: (a) if the arbitrator determines that a claim or defense asserted by you was frivolous, brought in bad faith, or constituted an abuse of the arbitration process, NextDayDoctor may be awarded its reasonable attorneys' fees and costs attributable to that claim or defense; and (b) nothing in this Section limits the arbitrator's authority to impose sanctions or fee awards under the AAA Consumer Arbitration Rules for conduct that violates those rules. NextDayDoctor shall not seek an award of attorneys' fees against you under any other circumstance.
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.
20.6 Privacy and Regulatory Rights
Nothing in this Section prevents you from filing a complaint with a privacy regulator, attorney general, professional licensing board, or other government authority, or from exercising a right that applicable law makes non-waivable. A claim for public injunctive relief or another remedy that applicable law does not permit to be resolved in arbitration may proceed in a court of competent jurisdiction only to the extent required by that 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, except to the extent that the law of the state in which you reside provides consumer protections or other rights that cannot lawfully be waived. Nothing in these Terms deprives you of a non-waivable right or remedy. Any court action permitted under Section 20 shall be brought in the state or federal courts located in Clark County, Nevada, except where applicable law does not permit that venue requirement, and you consent to personal jurisdiction in those courts to the extent permitted by applicable law.
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. Deactivation requests will be processed within a reasonable time following receipt, and you will receive email confirmation of deactivation at your registered email address. Any pending appointments at the time of deactivation are subject to the cancellation policy set forth in Section 5.3, and deactivation of your account does not constitute cancellation of any scheduled appointment. 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 6, 7, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 25.
22.4 Death of an Account Holder
In the event of the death of an account holder, an authorized personal representative — including an executor, administrator, or next of kin, as determined under applicable law — may contact support@nextdaydoctor.com to request access to the deceased account holder's clinical records or to request account closure. Access to and disclosure of the deceased patient's medical records will be handled in accordance with HIPAA (45 CFR § 164.502(g)(4)) and applicable state law governing access by personal representatives of deceased individuals. NextDayDoctor may require reasonable documentation establishing the representative's authority, such as letters testamentary, letters of administration, or other legal documentation as required under applicable law, before processing any such request. Billing obligations incurred prior to the account holder's death remain subject to Section 5, and the personal representative may contact billing@nextdaydoctor.com to address any outstanding billing matters.
We may modify these Terms to reflect changes in law, our services, or Platform operations. A change takes effect when the updated Terms are posted and the "Last Updated" date is revised, except that an adverse change takes effect on the date identified in the notice described below.
A change is adverse if it increases what you pay, reduces the services available to you, or narrows your rights under these Terms. A change that states or clarifies a practice already in place, corrects an error, adds a protection for you, is otherwise favorable to you, or is required by law is not adverse and takes effect when posted.
Before an adverse change takes effect we will notify the users it affects, by email, in-app notification, or another method reasonably calculated to reach you. The notice will identify the change and the date it takes effect. Where applicable law sets a minimum advance notice period for that change, we will give at least the notice that law requires.
Where applicable law, payment network rules, or an Account Agreement require your affirmative acceptance of a change - including a change to the amount, timing, frequency, or renewal of a recurring charge, to the permitted uses of a saved payment method, to dispute resolution, or to how your health information is handled - that change will not apply to you until your acceptance is obtained. Otherwise, your continued use of the Platform after the effective date is your acceptance of the revised Terms. If you do not agree, you may stop using the Platform, cancel a recurring membership before the next renewal charge, and deactivate your account, subject to amounts you already owe and to applicable clinical-record requirements.
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 the healthcare provider is licensed to practice, which may be different from the state where you are located at the time of services. A list of state medical licensing boards is available at the Federation of State Medical Boards (www.fsmb.org).
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.
25.1 Entire Platform Agreement
These Terms, together with any Account Agreement or transaction-specific terms that are actually presented to and accepted by you, constitute the agreement between you and NextDayDoctor concerning non-clinical access to and use of the Platform. The Privacy Policy and the Medical Practice's Notice of Privacy Practices are notices describing privacy practices and legal rights; they are not converted into contractual consent merely by being referenced here.
Clinical care, informed consent, and the Medical Practice's professional obligations are governed by the clinical documents separately presented by the Medical Practice, including the Telehealth Informed Consent and any treatment-specific consent. Those clinical documents are agreements with the Medical Practice, not a transfer of clinical responsibility to NextDayDoctor. If an accepted Account Agreement conflicts with these Terms concerning account administration or an expressly disclosed payment mechanic, the more specific accepted term controls. If a clinical document conflicts with these Terms concerning clinical care, patient consent, medical-record rights, or a patient-protective refund commitment, the clinical document controls for that subject.
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 connection with a merger, acquisition, or sale of substantially all of its assets, provided that: (a) NextDayDoctor will provide reasonable notice to you of any such assignment; and (b) any assignee that will handle protected health information on behalf of the Medical Practice will enter into a Business Associate Agreement with the Medical Practice as required by HIPAA prior to receiving any such protected health information.
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.
BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. THE PRIVACY POLICY IS PROVIDED AS A NOTICE DESCRIBING OUR PRIVACY PRACTICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
For questions about these Terms, to report violations, or to exercise your rights under these Terms, please contact us at:
NDD MSO LLC DBA NextDayDoctor Email: support@nextdaydoctor.com Address: 9205 West Russell Road, Suite 240, Las Vegas, Nevada 89148