NextBed, Inc. — Terms of Service
Last updated: 09/19/2025
These Terms of Service (“Terms”) govern your access to and use of the websites, apps, and related services provided by NextBed, Inc. (“NextBed,” “we,” “us,” or “our”) (the “Service”). By using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that entity.
1) Who We Are & What We Provide
- NextBed operates a communications platform that allows hospitals and care teams (“Submitters”) to send non-identifying referral summaries to facilities (“Receivers”), who can indicate interest in accepting a patient.
- The Service is designed so that outreach does not include PHI. Follow-up and any PHI exchange happen directly between Submitter and Receiver outside the broadcast message.
- NextBed is not a healthcare provider and does not guarantee placements or bed availability.
2) Eligibility
- You must be at least 18 years old and legally permitted to use the Service.
- Organizations using the Service must be properly licensed and authorized where required.
3) Accounts & Access
- You are responsible for your account credentials and for all activity under your account.
- Notify us immediately if you suspect unauthorized access or a security issue.
4) Acceptable Use
- No PHI in outreach: Do not include names, full dates of birth, MRNs, street addresses, personal phone/email, or other identifiers in referral summaries or messages sent through the Service.
- Do not misuse the Service, interfere with its operation, or attempt unauthorized access.
- No spam or unlawful communications; comply with all applicable laws and professional obligations.
5) HIPAA & PHI
- NextBed is not your HIPAA Business Associate unless we execute a separate written Business Associate Agreement (BAA). Without a BAA, do not submit PHI to the Service.
- If PHI is mistakenly submitted via the Service, we may take reasonable steps to remove it where feasible and may contact your organization.
6) Facility Listings & Communication
- Facility information may come from public sources or from facilities themselves.
- We may send referral summaries to contact channels you choose (e.g., email/SMS).
- Receivers may opt out of future messages by contacting us at Bryan@nb.care.
7) Fees & Changes
We may offer free or paid features. We can add, modify, or discontinue features and pricing, with reasonable notice where required. Any paid terms you accept will supplement these Terms.
8) Privacy
Our Privacy Policy explains how we collect and use information. By using the Service, you also agree to the Privacy Policy.
9) Intellectual Property
The Service and its content are owned by NextBed or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Service as permitted by these Terms. Feedback you provide may be used by NextBed without obligation.
10) Termination
- You may stop using the Service at any time.
- We may suspend or terminate your access if you violate these Terms, misuse the Service, or if required by law. Upon termination, we may retain certain records as permitted or required by law and for legitimate business purposes.
11) Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT REFERRALS WILL RESULT IN A PLACEMENT.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTBED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED $500.
13) Indemnification
You agree to defend, indemnify, and hold harmless NextBed and our officers, employees, and contractors from any claims and expenses arising from your use of the Service, your content, inclusion of PHI in outreach, or your violation of these Terms or applicable law.
14) Changes to These Terms
We may update these Terms. If changes are material, we will provide reasonable notice (e.g., in-app or email). Your continued use after changes take effect constitutes acceptance of the updated Terms.
15) Governing Law & Venue
These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict of laws principles. You consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware, unless otherwise required by law.
16) Contact
Questions about these Terms: Bryan@nb.care