TryNexi Terms of Service

Welcome to TryNexi, an online telehealth service provided by Nexi Health, a DBA of Tiesenga Surgical Associates, S.C., an Illinois professional corporation located at 1950 N Harlem Ave, Elmwood Park, IL 60707. These Terms of Service (“Terms”) govern your access to and use of the TryNexi website and telemedicine services (“Services”). By accessing or using our website or Services, you agree to be bound by these Terms and our Privacy Policy referenced below. If you do not agree with any of these Terms, do not use the Nexi website or Services. We may update these Terms from time to time, and will post the latest version with a new “Last Updated” date. Your continued use of TryNexi after changes are posted constitutes your acceptance of the revised Terms.

TryNexi (Nexi Health) provides telemedicine healthcare services to patients exclusively within the State of Illinois. Our Services include online medical consultations, evaluations, and treatment by licensed healthcare providers (e.g. physicians) for weight management (including GLP-1 medications), bioidentical hormone replacement therapy (BHRT pellets), and other metabolic or wellness treatments. All telehealth consultations and prescriptions are provided by providers licensed in Illinois in compliance with Illinois law. Our healthcare providers will evaluate your medical information and, if appropriate, may issue treatment recommendations or prescriptions (for example, a GLP-1 medication for weight loss or hormone therapy) to be filled at a pharmacy. We do not guarantee that any specific medication will be prescribed; treatment decisions are made by the provider in their professional judgment. TryNexi is not an online pharmacy – any prescriptions will be transmitted to a pharmacy of your choice or a partner pharmacy for fulfillment in accordance with law.

Geographic Eligibility: TryNexi is available only to individuals who are physically located in Illinois at the time of consultation and who are seeking treatment in Illinois. By using our Services, you represent that you are located in Illinois and will only use the Services while in Illinois. This restriction is because our providers are licensed only in Illinois and Illinois law requires that a telehealth patient be treated by an Illinois-licensed professional. We make no representation that the Services are available or appropriate outside Illinois, and we reserve the right to block or refuse users from outside of Illinois.

Age and Other Requirements: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use TryNexi. The Services are intended for use by adults and are not directed at minors. By registering or using TryNexi, you affirm that you are 18 or older and legally competent to agree to these Terms. If you are using the Services on behalf of another person (such as an elderly parent), you must have legal authority to do so and you agree that the other person has granted consent to the use of the Services and to these Terms. TryNexi does not accept users who are or become Medicare or Medicaid beneficiaries (patients enrolled in government health insurance programs) at this time. If you are a Medicare beneficiary, do not use TryNexi’s Services; our practice may not lawfully provide non-covered telehealth services to Medicare patients without prior arrangements[5]. You agree to notify us immediately if you enroll in Medicare during your use of our Services, and we reserve the right to discontinue Services to such individuals in order to comply with federal law[6].

Account Creation: To access telemedicine consultations and certain features, you must create a personal user account. You agree to provide truthful, accurate, current, and complete information during the registration process (“Registration Data”). This includes your full name, contact information, date of birth, Illinois address, and any other information requested. You agree to keep your Registration Data updated and promptly correct any outdated or inaccurate information. You may also be asked to provide government‑issued identification or other verification documents to confirm your identity and eligibility, especially before any prescription can be issued, in compliance with healthcare regulations.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password). Do not share your login information with anyone. You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify TryNexi immediately. We are not liable for any loss or damage arising from unauthorized use of your credentials, unless such use is due to our negligence or breach of security. We may ask you to change your password or use multi‑factor authentication for security reasons.

Account Use: You agree to use your TryNexi account only for yourself. Creating accounts for others or allowing others to use your account is prohibited (except an authorized legal guardian managing care for a dependent, with proper authorization). You may not create multiple accounts for illegitimate purposes or use false identities. We reserve the right to suspend or terminate accounts that we suspect are being used in violation of these Terms or for fraudulent or unauthorized purposes.

By using TryNexi’s Services, you consent to receive healthcare services via telehealth. This means our providers will interact with you through electronic communications (such as secure messaging, telephone, or video conferencing) to evaluate, diagnose, treat or advise you. You understand that telehealth involves some differences from in‑person care, including but not limited to the lack of physical examination and the potential for imperfect transmission of information. Possible risks of telehealth include delays or errors in medical evaluation or treatment due to technological failures or information insufficiency, and in rare cases, security breaches despite our safeguards. You acknowledge these limitations and agree that if the provider determines an in‑person visit is necessary for proper care, you will seek in‑person medical attention as advised.

Patient Responsibilities: You agree to actively participate in your telehealth consultation by providing complete and accurate information about your medical history, symptoms, medications, and other relevant health information. The quality of care you receive depends on the accuracy of information you provide. You must not omit or falsify information; doing so could result in inappropriate treatment and is grounds for termination of Services. You also agree to follow any pre‑consultation instructions (e.g., fasting for lab tests) and post‑consultation treatment plans or follow‑up steps recommended by the provider. If you experience any adverse effects or your condition changes, you will promptly inform your TryNexi provider or seek appropriate medical care.

No Guarantees of Outcome: While TryNexi’s providers strive to help you achieve improved health (such as weight loss or hormonal balance), we do not guarantee any specific results or outcomes from the Services. Every patient is different, and treatment effectiveness can vary. You acknowledge that medicine is not an exact science and that outcomes like weight change or symptom improvement cannot be assured. Similarly, no guarantee of a prescription is made by TryNexi; prescriptions are issued only when medically appropriate in the provider’s professional judgment. If our providers determine that telemedicine is not suitable for your case or that you do not qualify for a particular treatment, you may be denied services or referred for in‑person care at the provider’s sole discretion. You agree that you will not hold TryNexi or its providers liable for failure to obtain a particular treatment or outcome.

Charges for Services: You agree to pay all fees for medical consultations, treatments, medications, or related services provided to you via TryNexi. Pricing for consultations or programs (such as weight loss programs or hormone therapy plans) will be disclosed to you in advance, either on our website or in the course of registration or scheduling. All fees are charged in U.S. Dollars. Payment is due at the time of service, or, if applicable, on a subscription or recurring basis if you enroll in a multi‑month program or follow‑up plan. TryNexi currently does not accept health insurance for payment. We are a direct pay service (cash‑pay), meaning you are responsible for the full cost of services. We will not bill any insurance provider or Medicare/Medicaid for your consultations. If you have insurance, you may independently inquire if your insurer will reimburse telehealth or prescription expenses, but TryNexi makes no guarantees and will not handle insurance claims on your behalf.

Payment Processing: For online payments, we utilize a third‑party payment gateway (Authorize.Net) to securely process credit or debit card transactions. By providing your payment information, you authorize TryNexi (and our payment processor) to charge your card for the fees agreed. We do not store your full credit card details on our own servers; all sensitive payment data is transmitted securely and managed by Authorize.Net, which encrypts the information and is compliant with PCI‑DSS. You are responsible for ensuring that the billing information you provide is accurate and up‑to‑date. If your payment method fails or is declined, we may suspend providing Services until you provide an alternative valid payment.

Refunds and Cancellation: Fees for services (including consultation fees) are generally non‑refundable once the service has been rendered. If you cancel an appointment with adequate advance notice (per our cancellation policy, if one is provided on the site), you may be eligible for a rescheduled session or a refund at our discretion. Any specific refund policies will be communicated to you in writing if offered, but unless explicitly stated, no guarantee of refunds is made. If you believe you were charged in error, contact us at the support contact provided below. We reserve the right to issue refunds or credits at our sole discretion in extenuating circumstances, but this shall not be construed as a waiver of our no‑refund policy for future instances.

If you enroll in any subscription or recurring service (for example, a monthly program), you agree that your payment method may be automatically charged at the interval disclosed (e.g., monthly) until you cancel. You can cancel a subscription by providing notice to TryNexi in accordance with any instructions on our website or by contacting support. No further recurring charges will occur after cancellation, but no prorated refunds will be given for the remaining period of a month in which you canceled, unless required by law or explicitly stated.

As noted, TryNexi does not participate in insurance programs, and we do not treat Medicare or Medicaid beneficiaries. By using our service, you acknowledge that you are a private pay patient. Any expenses for prescriptions (medications) or labs are separate from TryNexi’s fees and may be billed by the pharmacy or lab; you are responsible for those costs as well, although those third parties might accept insurance for medication or lab costs depending on your plan.

Nothing in these Terms guarantees that you will be accepted as a patient by our practice. No physician‑patient relationship with you is established until a TryNexi provider has reviewed your information, determined that you are an appropriate candidate for telehealth services, and affirmatively accepts you for treatment. Simply signing up or paying does not automatically result in a physician‑patient relationship; the relationship is formed only after the provider reviews your intake and connects with you in a consultation. TryNexi reserves the right to decline to provide Services to any person for any lawful reason (for example, if your needs are outside our scope of practice or you are located outside Illinois).

Specifically, you will NOT do any of the following:

• Violate Laws: Use the Sites or Services for any purpose that is unlawful or to solicit the performance of any illegal activity. This includes attempting to obtain controlled substances or prescription drugs in an illegal manner.
• Provide False Information: Create an account under a false identity or provide information that is untrue, inaccurate, or not your own. Do not impersonate any other person or allow another person to use your account credentials.
• Interfere with Systems: Upload or transmit any viruses, malware, or harmful code; or engage in any activity that could disrupt, damage, or interfere with the functioning of the website, our systems, or other users’ devices. Do not attempt to gain unauthorized access to any portion of our systems or data.
• Scrape or Copy Content: Access or collect information from the site via automated means (such as bots, crawlers or scraping tools) without our express permission. Do not reproduce, duplicate, or resell any portion of the site content except as permitted under Section 9.
• Misuse Services: Do not use the medical consultation services inappropriately, such as by repeatedly scheduling and canceling appointments without cause, or using the platform to harass or seek personal relationships with our staff. Harassment, abusive language, or inappropriate behavior towards our providers or staff will not be tolerated and may result in termination of your access.

We reserve the right to suspend or terminate your account without prior notice if you violate any of the above rules or any other provision of these Terms, or if we suspect any fraudulent, abusive, or unlawful activity. Such termination may be temporary or permanent, at our discretion.

All content available on the TryNexi website – including text, graphics, logos, button icons, images, audio/video clips, software, and other material (“Content”) – is the property of Tiesenga Surgical Associates, S.C. (Nexi Health) or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. TryNexi, Nexi Health, and all related logos, graphics, and service names are trademarks or trade dress of our company. You do not acquire any ownership rights in the website or Content by using our Services or website.

Permitted Use: We grant you a limited, revocable, non‑exclusive, non‑transferable license to access and personally use the TryNexi website and Content for its intended purpose of obtaining our Services. You may download or print materials from the site for your personal, non‑commercial use only, such as printing a copy of these Terms or education materials provided to you, provided you do not remove any copyright or proprietary notices. You may not otherwise copy, reproduce, modify, publish, distribute, display, or create derivative works from our Content without our express written permission. Framing of our site or copying our user interface/design is also prohibited.

Prohibited IP Uses: You shall not use TryNexi’s name, logos, or trademarks (e.g., in meta tags or advertising keywords) without our prior written consent. Any unauthorized use of the site or Content will terminate the permission or license granted by us, and may violate intellectual property laws.

Any health‑related information or content available on the TryNexi website (such as blog articles, FAQs, or medication descriptions) is provided for general informational purposes only and is not medical advice. While we strive to ensure accuracy, such content does not substitute for professional medical advice, diagnosis, or treatment. Do not disregard or delay seeking medical advice from your doctor or other qualified provider based on something you read on our site. Always consult a licensed healthcare provider for personal medical advice. Reliance on any information provided by TryNexi via the website is solely at your own risk.

No provider‑patient relationship is created by use of the website alone or by reading our content; a formal relationship with a TryNexi provider is established only after you engage in a telehealth consultation and the provider accepts you as a patient (see Section 7 above).

Your use of our Services is also governed by our Privacy Policy (see below), which describes how we collect, use, and disclose your personal information. By using TryNexi, you consent to the data practices described in the Privacy Policy.

Please note that if you become a patient, some of the information you provide or that we generate in the course of your care (for example, medical histories, consultation notes, lab results, prescriptions) is considered Protected Health Information (PHI) under HIPAA and other privacy laws. Our handling of PHI is governed by our Notice of Privacy Practices (NPP), which is provided to patients and describes in detail how we use and disclose health information for treatment, payment, and healthcare operations. In the event of any conflict between these Terms or our general Privacy Policy and the provisions in the NPP regarding PHI, the NPP will control. We are committed to maintaining the confidentiality of your health information in accordance with applicable federal and state law. For more information, please refer to the Privacy Policy below and the NPP (available on our website or upon request).

TryNexi may utilize third‑party services or contain links to third‑party websites that are not owned or controlled by us. For example, we may link to educational resources, or use third‑party platforms for video conferencing, electronic health records, laboratory services, pharmacy fulfillment, or payment processing (such as Authorize.Net for payments). These third parties operate under their own terms and privacy policies, not ours. We are not responsible for the content, availability, or practices of any third‑party websites or services. If you choose to access a link to a third‑party site, you do so at your own risk. Inclusion of any third‑party link does not imply our endorsement of that site or service.

While we contract with third‑party service providers to help us deliver our Services (e.g., telehealth platform, cloud storage, payment gateway), and we require such providers to protect your information, TryNexi is not liable for any acts or omissions of these third parties. However, if you encounter an issue with a third‑party service integrated into TryNexi, please contact us and we will attempt to address or facilitate a resolution.

Use at Your Own Risk: The TryNexi website and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Nexi Health (Tiesenga Surgical Associates, S.C.) and its officers, directors, employees, and agents disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement. We do not warrant that: (a) the Services will be uninterrupted, timely, secure, or error‑free, (b) any information obtained through the Services will be accurate, reliable, or complete, or (c) any defects or errors in the software will be corrected.

No Warranty on Outcomes: TryNexi and its providers make no guarantee regarding the results or outcomes of any treatment or service. All medical treatments carry risks and individual results will vary. You acknowledge that no platform or provider can guarantee a particular health outcome or weight loss result.

Not liable for Third‑Party Communications: We also make no warranties regarding any information or advice obtained through communications with our staff outside of the formal consultation (e.g., general support inquiries), or through any third parties that may be involved in the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such case, any warranties required by law are limited in duration to 30 days from first use of the Services.

To the maximum extent permitted by law, in no event shall Nexi Health (Tiesenga Surgical Associates, S.C.), its affiliates, or their respective officers, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of (or inability to use) the Services or any content on the website. This includes, without limitation, any damages for lost profits, data loss, cost of procurement of substitute services, or any intangible losses, even if we have been advised of the possibility of such damages. We are not responsible for any harm that may result from your use of the Services, or from any unauthorized access or misuse of your data by third parties (such as hackers), or from any interactions with other users.

Our total liability to you for all claims arising from or related to the Services or these Terms, whether in contract, tort, or otherwise, will not exceed the amount you have paid to TryNexi for Services in the last twelve (12) months (if any), or $100, whichever is less. If you have paid nothing, our total liability is $0.

These limitations apply even if any limited remedy fails of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you to the extent disallowed by law. However, in any jurisdiction, our liability is limited to the greatest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Nexi Health (Tiesenga Surgical Associates, S.C.) and its officers, directors, employees, contractors, agents, and affiliates (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use or misuse of the TryNexi site or Services, (b) your violation of these Terms or of any law or regulation, (c) any information or content you provide to us (including any misrepresentation of fact or omission of information, or any allegation that any such information infringes or violates the rights of a third party), or (d) your violation of any rights of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claims. You may not settle any claim affecting an Indemnified Party without our prior written consent.

Binding Arbitration: You and TryNexi (Nexi Health) agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (each a “Dispute”) that cannot be resolved through good faith negotiations within 30 days shall be resolved by binding arbitration on an individual basis. By agreeing to these Terms, you are waiving your right to a trial by jury or to participate in a class action for any Dispute. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by another mutually agreeable arbitration service. The arbitration will take place in Chicago, Illinois, unless both parties agree to another location or to a remote/telephonic proceeding. The arbitrator will apply Illinois law consistent with the Federal Arbitration Act and will have authority to award the same damages and relief that a court would. The arbitrator will issue a written decision explaining the findings and conclusions on which the award is based.

Class Action Waiver: You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall not have authority to consolidate or join the claims of others or hear any class or representative proceedings. If this class action waiver is found unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Exceptions: Notwithstanding the above, either party may choose to bring an individual claim in small claims court if the claim qualifies. Also, claims for injunctive or equitable relief for intellectual property infringement or misuse of the Services may be brought in court of competent jurisdiction (with no requirement to first arbitrate).

Opt‑Out: You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by notifying us in writing at our contact address below with a clear statement that you wish to opt out of arbitration. If you opt out, or if the arbitration agreement is deemed unenforceable, you agree that any Dispute arising out of these Terms shall be submitted exclusively to the state or federal courts in Cook County, Illinois, and you consent to personal jurisdiction and venue in those courts.

These Terms and any dispute arising from them or our Services shall be governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without regard to its conflict of laws principles, except to the extent superseded by federal law (such as the FAA for arbitration). The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If it is determined that any provision of these Terms is unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

We may modify these Terms of Service from time to time, for example to reflect changes in our Services, technology, legal requirements, or business practices. When we make changes, we will update the “Last Updated” date at the top of this document. In the event of significant changes, we may also provide additional notice (e.g., via email or a notice on our website). It is your responsibility to review these Terms periodically. Your continued use of the Services after any modifications signifies your acceptance of the updated Terms. If you do not agree to any updated Terms, you must stop using the Services.

Email: [email protected] (for general inquiries or support)

Notices required under these Terms (including legal disputes or service of process) should be sent to the address above. We may send you notices or communications about these Terms or the Services by email, postal mail, or by posting on our website, as appropriate.