Terms of Service

1. Acceptance of Terms

By accessing or using RxNudge ("the Service," "we," "us," or "our"), you ("User," "Account Holder," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must immediately stop using the Service. Your continued use constitutes ongoing acceptance.

2. What RxNudge Does

RxNudge is an automated reminder platform that sends phone calls, text messages, and notifications to remind you — or people you add to your account — to take medications at scheduled times. The Service is a convenience reminder tool only.

RxNudge does not: dispense medications, provide medical advice, diagnose or treat any condition, verify medication accuracy or dosage, guarantee delivery of any reminder, supervise or monitor anyone's health or safety, or serve as a substitute for professional medical care.

3. No Medical Relationship

Use of the Service does not create a doctor-patient relationship, caregiver relationship, treatment relationship, or any other professional healthcare relationship between you and RxNudge or any of its employees, contractors, or affiliates.

Nothing in the Service constitutes medical advice. No information provided through the Service should be relied upon for health decisions. Always consult a qualified healthcare professional about your medications, health conditions, and care needs.

4. Medical Disclaimer

THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

We make no representation that reminders will be received, that medications will be taken, or that use of the Service will improve any health outcome. You are solely responsible for taking medications correctly, on time, and as directed by your healthcare provider.

RxNudge assumes no liability whatsoever for:

• Any missed medication dose, regardless of cause
• Any medication taken in excess of the prescribed amount
• Any adverse health event, injury, illness, or death
• Any failure, delay, or error in delivering a reminder call, text, or notification
• Any technical failure, outage, or interruption of the Service
• Any harm from relying on this Service as a sole means of medication management
• Any drug interactions or contraindications
• Any error in the medication schedule entered by the user

5. Your Responsibilities

You agree that you are solely responsible for:

• Entering accurate medication names, dosages, and schedules into the Service
• Verifying that all medication information entered is correct and up-to-date
• Ensuring the phone numbers and contact information entered are accurate
• Taking medications as prescribed by a licensed healthcare provider
• Not relying exclusively on RxNudge reminders for medication management
• The health and safety of yourself and any person you add to your account
• Contacting appropriate emergency services or healthcare providers when needed
• Complying with all applicable laws regarding your use of the Service
• Obtaining any required consent before adding another person to your account

5a. Adding Other Members to Your Account

When you add another person to your RxNudge account, you represent, warrant, and agree that:

• You have the permission of that person to add them and to send them reminders
• You have obtained their express consent to receive automated telephone calls, text messages, and other communications from RxNudge at the number you provide
• The person is aware that calls from RxNudge may be recorded where required by law
• You will promptly remove any person from the Service if they ask to be removed or withdraw consent to receive messages
• All information you provide about the person (name, phone number, state, medications) is accurate and current

Adding someone to your account does not make RxNudge responsible for their care, wellbeing, or medication management in any way.RxNudge's sole function is to send reminder notifications to the phone number you provide.

If you add a person without their consent, or provide false information about consent, you agree to fully indemnify, defend, and hold harmless RxNudge from any and all claims, fines, penalties, or damages arising from such unauthorized addition, including any claims under the Telephone Consumer Protection Act (TCPA), the Texas Business & Commerce Code Chapter 302, state wiretapping laws, or any other applicable law.

6. SMS & Telephone Communications — TCPA Compliance

6.1 Express Written Consent

By enrolling in RxNudge and providing a mobile phone number, you expressly consent — and, where enrolling another person, you represent that such person expressly consents — to receive automated text messages (SMS/MMS) and/or pre-recorded or artificial voice telephone calls from RxNudge at the mobile number provided, including numbers currently on any federal or state Do-Not-Call registry. This consent is not a condition of purchasing any goods or services. Standard message and data rates from your wireless carrier may apply.

6.2 Types of Messages

By using the Service, you may receive:

• Daily medication reminder text messages (SMS/MMS)
• Automated voice calls for medication reminders
• Enrollment confirmation and opt-in verification messages
• Opt-out and opt-in confirmation messages
• Help and support messages in response to your requests
• Service notifications and updates related to your account

Message frequency depends on the number of medications enrolled and your reminder schedule. Typically, 1–5 messages per day per enrolled member.

6.3 How to Opt Out (STOP)

You may opt out of receiving SMS/MMS messages at any time by replying STOP to any RxNudge text message. The following opt-out keywords are also recognized: STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT. Upon receipt of any of these keywords, we will send one final confirmation message and you will receive no further SMS/MMS messages from RxNudge unless you re-subscribe. Opting out of SMS does not cancel your RxNudge account or remove you from voice call reminders (if enabled). To disable all reminders, log in to your account settings.

6.4 How to Re-Subscribe (START)

If you have previously opted out, you may re-subscribe to SMS reminders at any time by replying START to the RxNudge number or by updating your reminder preferences in your account settings. Re-subscribing constitutes a new express consent to receive automated messages.

6.5 Help

For help, reply HELP to any RxNudge text message. You will receive a support message with contact information and a link to rxnudge.app. You may also contact us at support@rxnudge.app.

6.6 Carrier Disclaimer

Carriers (including but not limited to AT&T, Verizon, T-Mobile, Sprint, US Cellular, and their affiliates) are not liable for delayed or undelivered messages.Message delivery is subject to effective transmission and your carrier's coverage area. RxNudge does not guarantee delivery of any SMS, MMS, or voice message and shall not be liable for any failed, delayed, or undelivered communication.

6.7 Automated Calls — TCPA & Texas Law

RxNudge may place automated or pre-recorded voice calls to phone numbers you provide. By using the Service, you expressly consent to receive such calls. If you do not wish to receive automated calls, you may disable call reminders in your account settings at any time.

Users located in Texas acknowledge that RxNudge's automated communications constitute informational (non-marketing) messages sent pursuant to express prior consent, and are therefore exempt from certain telemarketing registration requirements under Texas Business & Commerce Code Chapter 302, as amended by Senate Bill 140 (effective September 1, 2025). Nonetheless, RxNudge complies with all applicable consent, opt-out, and quiet hours requirements under both federal TCPA and Texas law.

Quiet Hours:RxNudge will not initiate automated calls or send SMS reminders between the hours of 9:00 PM and 8:00 AM in the member's local time zone, consistent with federal TCPA and Texas regulations.

6.8 Do-Not-Call Compliance

RxNudge's communications are initiated solely based on the express written consent you provide at enrollment. By providing a phone number and consenting to reminders, you acknowledge that your consent supersedes any registration on the National Do-Not-Call Registry or the Texas No-Call List with respect to RxNudge's informational reminder communications. You may withdraw consent at any time as described in Section 6.3.

6.9 Consent Revocation — FCC Rules (Effective April 2025)

Pursuant to updated FCC rules effective April 11, 2025, you may revoke consent to receive automated messages at any time using any reasonable means, including replying STOP to any message, contacting us at support@rxnudge.app, or updating your preferences in your account dashboard. RxNudge will honor all consent revocation requests within a commercially reasonable time, not to exceed 10 business days.

6.10 SMS Program Details Summary

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, RxNudge expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or secure
• Any warranty that reminders will be delivered on time or at all
• Any warranty regarding the accuracy or reliability of any information provided

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RXNUDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF HEALTH, MEDICAL EXPENSES, PAIN AND SUFFERING, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

In no event shall RxNudge's total cumulative liability to you for all claims arising from or relating to these Terms or the Service exceed the greater of (a) the total amount paid by you to RxNudge in the twelve (12) months immediately preceding the claim, or (b) one hundred dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless RxNudge and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including without limitation the TCPA and Texas Business & Commerce Code Chapter 302; (d) any information you submit to the Service; (e) any unauthorized addition of a third party; or (f) any harm to any person resulting from your use of the Service.

10. Call Recording & Monitoring

RxNudge reminder calls may be recorded or monitored for quality assurance, service improvement, and record-keeping purposes. By using the Service and providing a phone number, you acknowledge and agree that calls placed by RxNudge to you or any member you add may be recorded.

In states that require all-party consent for call recording (including California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington), RxNudge will play an automated verbal disclosure at the beginning of each call notifying the recipient that the call may be recorded. By selecting a state for a member in the Service, you represent that the member resides in that state, and you authorize RxNudge to deliver the appropriate disclosure on your behalf.

You are responsible for ensuring that the state information you provide for each member is accurate. RxNudge is not liable for any recording law violations resulting from inaccurate state information provided by you.

11. Data & Privacy

We store the medication names, schedules, and contact information you enter into the Service. We are not a healthcare provider and do not handle medical records. RxNudge is not a Covered Entity or Business Associate under HIPAA. While we take reasonable steps to protect information you enter, we make no representations that the Service is HIPAA-compliant. Do not use RxNudge for any purpose that requires HIPAA compliance.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in Harris County, Texas, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify registered users of material changes via email or in-app notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree with the updated Terms, you must stop using the Service.

14. Contact

For questions about these Terms, contact us at: legal@rxnudge.app
For SMS support, reply HELP to any message or email: support@rxnudge.app