LEGAL / LEGAL

Terms of Service

Last updated · June 28, 2026

1. About these terms

These Terms of Service (the "Terms") govern your access to and use of the Nem platform - including the Nem Voice Agent, patient records, billing, scheduling, and any related services (collectively, the "Service") provided by Nemsol Inc. (operating as Nem) ("Nem," "we," "our," or "us"), a Delaware corporation.

By creating an account or using the Service, you agree to these Terms.

2. Who can use Nem

The Service is provided to licensed healthcare practices, clinics, and other businesses for administrative and operational use. You must be at least 18 years old and authorized to bind your organization to these Terms. Use of the Service for personal, family, or household purposes is not permitted.

3. What the Service does - and what it does not do

Nem provides operational software including an AI-powered Voice Agent, scheduling tools, patient record management, billing and invoicing, and reporting. Nem is administrative software. Nem does not provide medical advice, diagnosis, or treatment. All clinical decisions remain the sole responsibility of the licensed practitioners using the Service.

4. Your account

  • You are responsible for the security of your login credentials.
  • You are responsible for the activity of users you invite into your workspace.
  • You will promptly notify us at info@nemsol.org of any unauthorized access.
  • We may suspend or terminate accounts that violate these Terms or applicable law.

5. Acceptable use

You agree not to:

  • Use the Service to violate any law or third-party right.
  • Upload or transmit unlawful, infringing, harmful, or deceptive content.
  • Attempt to reverse-engineer, copy, or compete with the Service.
  • Interfere with the security or integrity of the Service.
  • Use the AI voice agent for outbound robocalls, spam, or any communication prohibited by the TCPA or analogous law.

6. Subscription and payment

Paid plans are billed in advance on a monthly or annual cycle. Fees are non-refundable except as described in our Refund & Billing Policy. You authorize Nem to charge your payment method for all fees and applicable taxes. We may change pricing with 30 days' notice.

7. Patient data and HIPAA-aware design

You retain ownership of all data you input into the Service, including patient information. Nem stores and processes your data on your behalf under the terms described in our Privacy Policy. Nem implements administrative, technical, and physical safeguards aligned with HIPAA design principles. Before processing Protected Health Information (PHI) under HIPAA, customers should execute a Business Associate Agreement (BAA) with Nem; contact info@nemsol.org to request one.

For customers processing Protected Health Information (PHI), the Business Associate Agreement (BAA) governs the handling of PHI and controls over any conflicting term. The order of precedence for PHI is: (1) the BAA, (2) your subscription order, (3) the Terms of Service, (4) the Privacy Policy, and (5) any other posted policy.

8. Third-party services

The Service integrates with third-party providers (for example, Retell AI for voice, and Neon and Vercel for data hosting). Your use of those features is subject to the third party's terms. We will use reasonable diligence to vet our subprocessors and maintain a current vendor registry available on request.

Nem uses a small set of subprocessors. PHI-touching subprocessors are Retell AI (voice infrastructure), Google Workspace (business email and documents), AWS (file storage, email transport), Vercel (application hosting), Neon (database) and NEMSOL (Pvt) Ltd (engineering and support personnel (pakistan)), each under a Business Associate Agreement executed before any PHI is processed in production. PHI-free services are Stripe (subscription billing and payments), Cloudflare Turnstile (bot protection on sign-in and sign-up), Resend (transactional email) and PostHog (product analytics); they operate under a strict PHI-free policy and never receive PHI. Cloudflare offers a Business Associate Agreement only at its Enterprise tier, which is precisely why Turnstile is kept out of every PHI path.

Nem is operated with the support of its affiliate NEMSOL (Pvt) Ltd (CUIN 0342731), registered in Pakistan. Named engineering and support personnel of that affiliate access the platform. Access to Protected Health Information is permitted only under an intercompany Business Associate Agreement executed before any PHI is processed in production, and we will tell customers before that arrangement changes.

This list was last reviewed on August 1, 2026. A current subprocessor list is available on request to info@nemsol.org and on our Trust Center.

9. Service availability

We aim to provide a reliable Service but do not guarantee uninterrupted availability. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, except as required by law.

10. Limitation of liability

To the maximum extent permitted by law, Nem and its affiliates are not liable for any indirect, incidental, consequential, special, or exemplary damages, or for any loss of profits, revenue, data, or use, arising out of or related to the Service. Our total liability for any claim arising under these Terms is limited to the amounts you paid Nem for the Service in the twelve months preceding the claim.

11. Termination

You may cancel your subscription at any time. We may terminate or suspend your access for material breach of these Terms. The offboarding schedule below is the same one published in our Privacy Policy.

Active customer data is retained for the duration of your subscription. After termination or cancellation your data remains available for 30 days so you can export it (CSV download); after that window we delete it, unless a legal or contractual retention obligation requires us to keep it longer. Deletion is a documented process we run, not an automated purge job. Encrypted backups are overwritten on a rolling 30-day cycle, so a copy can persist in backup for up to 30 days after deletion. Audit logs are retained for at least 6 years to support HIPAA-aligned operations.

For Protected Health Information, the return-or-destroy obligation in the Business Associate Agreement controls, including its infeasibility carve-out for data held in backup.

12. Changes to these Terms

We may update these Terms periodically. Material changes will be communicated by email and posted on this page. Continued use of the Service after changes take effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of laws principles. Any dispute will be resolved in the state or federal courts located in Delaware.

14. Contact

Questions? Email info@nemsol.org.

Draft starting point. This document is a working draft prepared by the Nem team. It is not legal advice and must be reviewed by qualified counsel before production use. We will revise these documents periodically, current customers will be notified of material changes via email.