Terms of Service

Last Updated: January 2025

1. Agreement to Terms

Welcome to NeoMedica. These Terms of Service ("Terms") constitute a legally binding agreement between you and NeoMedica ("Company," "we," "us," or "our") governing your access to and use of our website, platform, and services.

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Platform.

2. Definitions

For the purposes of these Terms:

• "Platform" refers to NeoMedica's website, mobile applications, and all related software and services.
• "Services" refers to the healthcare staffing, recruitment, credential verification, and related services provided through our Platform.
• "Healthcare Professionals" refers to nurses, medical practitioners, and other qualified healthcare workers who use our Platform to find employment opportunities.
• "Healthcare Providers" refers to hospitals, clinics, medical facilities, and other organizations that use our Platform to find and hire healthcare professionals.
• "User" refers to any individual or entity that accesses or uses our Platform, including Healthcare Professionals and Healthcare Providers.
• "Content" refers to all text, images, data, information, and other materials uploaded, submitted, or transmitted through our Platform.

3. Eligibility

To use our Platform, you must meet the following eligibility requirements:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable law
• For Healthcare Professionals: Hold valid, current professional licenses and certifications required for your practice
• For Healthcare Providers: Be a legally established healthcare organization authorized to operate in your jurisdiction
• Provide accurate and complete information during registration and maintain the accuracy of such information

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Types

We offer different account types for Healthcare Professionals and Healthcare Providers. Each account type has specific features, permissions, and responsibilities. You must select the appropriate account type for your role and may not misrepresent your status or affiliation.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or at our sole discretion. You may also terminate your account at any time by contacting us.

5. Our Services

5.1 For Healthcare Professionals

Our Platform provides Healthcare Professionals with:

• Access to job opportunities with healthcare providers
• Profile creation and management tools
• Credential verification and documentation services
• Communication tools to connect with potential employers
• Resources for professional development and career advancement

5.2 For Healthcare Providers

Our Platform provides Healthcare Providers with:

• Access to a pool of qualified healthcare professionals
• Candidate search and filtering tools
• Credential verification services
• Staffing management and scheduling tools
• Communication and hiring workflow features

5.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

6. User Responsibilities and Prohibited Conduct

You are responsible for your use of the Platform and agree to comply with all applicable laws and regulations. You agree not to engage in any of the following prohibited activities:

7. Professional Licenses and Credentials

7.1 License Requirements

Healthcare Professionals using our Platform must maintain all licenses, certifications, and credentials required by applicable law and professional standards. You are solely responsible for ensuring your credentials are current, valid, and in good standing.

7.2 Verification Process

We may verify your professional credentials through third-party verification services, licensing boards, and other sources. You authorize us to conduct such verification and agree to provide any additional documentation or information we may request.

7.3 Notification of Changes

You must immediately notify us of any changes to your licensure status, including suspensions, revocations, restrictions, or disciplinary actions. Failure to do so may result in immediate termination of your account.

8. Employment Relationships

8.1 Platform Role

NeoMedica acts as a staffing intermediary connecting Healthcare Professionals with Healthcare Providers. We do not guarantee employment, specific job placements, or any particular terms of employment.

8.2 Employment Agreements

Any employment relationship formed through our Platform is between the Healthcare Professional and the Healthcare Provider. The terms of employment, including compensation, benefits, and working conditions, are determined by the parties to the employment agreement.

8.3 Independent Contractor Status

In some cases, Healthcare Professionals may be engaged as independent contractors rather than employees. The classification of the working relationship is determined by applicable law and the terms agreed upon by the parties.

9. Fees and Payment

9.1 Service Fees

Certain features and services on our Platform may require payment of fees. All fees are described on our Platform or in separate agreements. We reserve the right to change our fees at any time with reasonable notice.

9.2 Payment Terms

You agree to pay all fees when due and to provide valid payment information. All payments are non-refundable unless otherwise specified or required by law.

9.3 Billing Disputes

If you believe there is an error in your billing, you must notify us within 30 days of the charge. We will investigate and resolve any legitimate billing disputes.

9.4 Late Payments

Late payments may be subject to interest charges, collection fees, and suspension of services. We may also report delinquent accounts to credit bureaus where permitted by law.

10. Intellectual Property Rights

10.1 Our Intellectual Property

The Platform and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by NeoMedica, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2 User Content

You retain ownership of any Content you submit to the Platform. However, by submitting Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, and distribute such Content in connection with our Services.

10.3 Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works based on our Platform or any part thereof without our prior written consent. You may not use our trademarks, logos, or service marks without our express permission.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Platform, you consent to our collection and use of your information as described in our Privacy Policy.

We comply with applicable data protection laws, including the Health Insurance Portability and Accountability Act (HIPAA) where applicable. We implement appropriate technical and organizational measures to protect your personal information.

12. Disclaimers and Limitations of Liability

13. Indemnification

You agree to defend, indemnify, and hold harmless NeoMedica, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Platform or Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any Content you submit to the Platform
• Any healthcare services you provide or receive through the Platform

14. Termination

14.1 Termination by Us

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Platform will immediately cease.

14.2 Termination by You

You may terminate your account at any time by contacting us or using the account termination feature in your account settings. Upon termination, you remain responsible for any outstanding obligations incurred prior to termination.

14.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Puerto Rico for the resolution of any disputes.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the Platform shall first be attempted to be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue binding arbitration or litigation in accordance with this section.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST NEOMEDICA.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Platform and updating the "Last Updated" date. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree to any modifications, you must stop using our Platform immediately.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

NeoMedica
Email: info@neomedicapr.com
Phone: 1 (787) 945-7120
Address: San Juan, Puerto Rico

We will respond to your inquiry within a reasonable timeframe.