Terms of Service

Last Updated: August 12, 2026  ·  Previous version: July 28, 2026

We changed Sections 14 and 15 on August 12, 2026. Disputes are now governed by Utah law and arbitrated with Utah as the seat, instead of California and San Francisco. We also added a small claims option, a procedure for coordinated mass filings, and a 30-day right to opt out of arbitration altogether — see Section 14.7.

If you are creating an account now, these Terms apply when you accept them.
If you already have an account, the previous Sections 14 and 15 continue to govern you until September 11, 2026, which is 30 days after notice, as required by Section 16.

1. Acceptance of Terms

By accessing or using NexGenHealth.io ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. These Terms apply to all users, including patients, healthcare providers, researchers, and partners.

2. Description of Services

NexGenHealth.io is a general-wellness, educational, and personal-health-record (PHR) consumer application — your AI educational health assistant for organizing your own records and preparing for your appointments. The patient Health Portal includes:

• AI-powered general health and nutrition education, and neutral questions to discuss with your clinician
• Nutrition planning and general dietary education
• Wearable device integration and health tracking
• Tools to organize and share your own data with your clinician
• Research participation opportunities
• Educational health content and resources

3. Intended Use & Medical Disclaimer

Intended use. NexGenHealth is a general-wellness, educational, and personal-health-record (PHR) consumer application. It helps you record, organize, trend, and understand your own health information; learn general health and nutrition education; and prepare neutral questions to discuss with your own licensed clinicians.

4. User Accounts and Registration

4.1 Account Creation

You must create an account to access most features of our platform. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

4.3 Eligibility

You must be at least 18 years old to create and use an account. The service is intended for adults only and is not for anyone under 18.

5. User Responsibilities and Conduct

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

• Provide false or misleading health information
• Share your account credentials with others
• Attempt to gain unauthorized access to the platform or other users' data
• Use the platform to distribute malware, spam, or illegal content
• Violate any applicable laws or regulations
• Interfere with or disrupt the platform's functionality

6. Health Information and Privacy

Your health information is handled under our Consumer Health Data Privacy Policy. We are not a HIPAA covered entity or business associate. As a consumer health app we operate under laws such as the Washington My Health My Data Act, the FTC Health Breach Notification Rule, and California's CMIA and CPRA/CCPA. Where the law requires it, we obtain your consent before collecting or using your consumer health data beyond what is necessary to provide the service, and you may withdraw that consent at any time. You can access, export, and delete your data as described in the Privacy Policy. We do not sell your consumer health data or share it for advertising.

7. AI-Generated Educational Information

Our AI provides general educational information based on general health principles and your provided information. This information:

• Is for educational and informational purposes only
• Should not replace professional medical advice
• May not be suitable for all individuals
• Should be discussed with your healthcare provider

8. Subscription and Billing

8.1 Subscription Services

Certain features require a paid subscription. Subscription fees are billed in advance and are non-refundable except as required by law.

8.2 Auto-Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You can cancel your subscription at any time through your account settings.

8.3 Free Trial

Free trials may be offered for new users. If you don't cancel before the trial ends, you will be charged for a full subscription period.

9. Intellectual Property

The platform and its content are owned by NexGenHealth.io and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

10. Research Participation

We do not currently offer research studies. If we do in the future, participation will be voluntary, we will obtain your separate, specific consent, any data used would be de-identified, and you may withdraw at any time without affecting your access to the service.

11. Limitation of Liability

12. Indemnification

You agree to indemnify and hold harmless NexGenHealth.io from any claims, damages, losses, costs, and expenses arising from your use of the platform or violation of these Terms.

13. Termination

We may terminate or suspend your account at any time for any reason, including violation of these Terms. You may close your account at any time. Upon termination, your access to the platform will cease, but these Terms will continue to apply to your prior use.

14. Dispute Resolution

Please read this Section carefully. It affects how disputes between you and NexGenHealth are resolved, it limits your ability to participate in class actions, and it gives you a 30-day right to opt out of arbitration entirely (Section 14.7).

14.1 Informal Resolution First

Before starting an arbitration or a lawsuit, you and NexGenHealth agree to try to resolve the dispute informally for 60 days. Send a written Notice of Dispute to nexgenhealth.io@gmail.com describing the claim and the relief you want. If we have a dispute with you, we will send our notice to the email address on your account. Any applicable deadline to bring a claim is paused while this 60-day period runs. Either of us may proceed once it ends.

14.2 Small Claims Court

Either you or NexGenHealth may bring an individual claim in small claims court instead of arbitration, if the claim qualifies for that court. You may file either in the county where you live or in Salt Lake County, Utah. Nothing in the rest of this Section takes that option away.

14.3 Binding Individual Arbitration

Except for claims described in Section 14.2 and claims seeking injunctive relief about intellectual property, disputes arising from these Terms or your use of the platform will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section. The seat of the arbitration is Salt Lake County, Utah.

You will not be required to travel to Utah. Hearings will be held by telephone or videoconference unless you ask for an in-person hearing or the arbitrator orders one. If there is an in-person hearing, it will take place in the federal judicial district where you live, or anywhere else you and we agree.

14.4 Arbitration Fees

NexGenHealth will pay all AAA filing, administrative, and arbitrator fees that exceed what it would cost you to file the same claim in court. Reallocation of fees for a claim the arbitrator determines was frivolous is governed by the AAA Consumer Arbitration Rules.

14.5 Individual Basis Only

Arbitration under this Section is on an individual basis. Neither you nor NexGenHealth may bring a class, collective, consolidated, or representative action, and the arbitrator may not preside over any form of representative proceeding. This does not limit either party's right to seek public injunctive relief where that right cannot be waived by law.

14.6 Coordinated or Mass Filings

If 25 or more demands for arbitration raising substantially similar claims are filed against NexGenHealth by, or with the coordinated assistance of, the same counsel, the AAA Mass Arbitration Supplementary Rules apply, together with the following:

(a) Staged administration. The cases will be administered in sequential batches of up to 50, ordered by filing date. Only the current batch proceeds to arbitrator appointment and decision at any one time.

(b) No preclusive effect. A determination in one batch does not bind, and is not precedent for, any claimant in any other batch. Every claimant keeps the right to an individual determination of their own claim on its own record.

(c) Deadlines are paused. Any applicable deadline to bring a claim is paused for every claimant, in every batch, from the date their demand is filed until their own case is resolved.

(d) You can leave the queue. If your case has not been reached within 180 days of the date you filed it, you may choose to (i) proceed immediately in individual arbitration outside the batching order, or (ii) bring your claim individually in a court that has jurisdiction. NexGenHealth gives up any objection based on this Section if you do.

(e) Mediation. The parties will take part in the AAA's global mediation process where the Mass Arbitration Supplementary Rules provide for it.

14.7 Your 30-Day Right to Opt Out of Arbitration

You can reject this arbitration agreement. Email nexgenhealth.io@gmail.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms, giving your name and the email address on your account. Opting out does not affect anything else in these Terms and will not affect your account or your access to the platform in any way. If you opt out, disputes are resolved in the courts identified in Section 15.

14.8 If Part of This Section Cannot Be Enforced

If the waiver in Section 14.5 is found unenforceable as to a particular claim, then that claim — and only that claim — is separated from arbitration and will be brought in court. The rest of this Section stays in effect for all other claims.

14.9 Who Decides Questions About This Section

The arbitrator decides questions about the interpretation and scope of this Section, except that a court, not the arbitrator, decides whether the waiver in Section 14.5 is enforceable.

15. Governing Law and Venue

These Terms, and any dispute arising from them, are governed by the laws of the State of Utah, without regard to its conflict of law principles. This does not take away the protection of any provision of your home state's consumer protection law that cannot be waived by agreement.

For any dispute not resolved by arbitration under Section 14 — including small claims actions under Section 14.2, claims by a user who opted out under Section 14.7, and claims separated out under Section 14.8 — the state and federal courts located in Salt Lake County, Utah have jurisdiction. A small claims action may instead be brought where Section 14.2 allows, and a claim separated out under Section 14.8 may be brought in any court that has jurisdiction.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or platform notice at least 30 days before they take effect. Your continued use of the platform after such notice constitutes acceptance of the new Terms.

17. Contact Information