Terms of Service

Last Updated: December 29, 2025

Effective Date: December 29, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and NurseSend, Inc. ("NurseSend," "Company," "we," "our," or "us"), a California corporation, governing your access to and use of the NurseSend website at nursesend.com and all related products, services, features, and content (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Use the Services for legitimate business purposes related to healthcare recruiting, staffing, or employment

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:

• Maintain the confidentiality of your password
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes. You shall NOT:

• Use the Services for any illegal purpose or in violation of any applicable law
• Use contact information obtained through the Services for spam, harassment, or unsolicited communications unrelated to legitimate recruiting
• Resell, redistribute, or sublicense access to the Services or data obtained through the Services
• Scrape, harvest, or collect data from the Services using automated means without authorization
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems
• Interfere with or disrupt the integrity or performance of the Services
• Upload viruses, malware, or other malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services in a manner that could damage, disable, or impair the Services
• Circumvent any access controls or usage limits

5. Data Usage Restrictions

The nurse contact information and data provided through our Services is licensed for your use subject to the following restrictions:

• Legitimate Recruiting Only: Data may only be used for legitimate healthcare recruiting, staffing, and employment purposes
• No Resale: You may not sell, license, or otherwise transfer data obtained from the Services to any third party
• Compliance: You must comply with all applicable federal, state, and local laws regarding data usage, including but not limited to the CAN-SPAM Act, TCPA, and state privacy laws
• No Harassment: You may not use data to harass, stalk, or harm any individual
• Respect Opt-Outs: You must honor any opt-out or do-not-contact requests received from individuals

6. Subscriptions and Payment

6.1 Subscription Plans

Access to certain features requires a paid subscription. Subscription plans, pricing, and features are described on our website and may be modified from time to time.

6.2 Payment Terms

• All fees are charged in U.S. dollars
• Payment is due at the beginning of each billing period
• Subscriptions automatically renew unless cancelled before the renewal date
• You authorize us to charge your payment method for all applicable fees
• All fees are exclusive of taxes, which you are responsible for paying

6.3 Refund Policy

Subject to our 30-day money-back guarantee for first-time subscribers, subscription fees are generally non-refundable. Refund requests must be submitted within 30 days of your initial subscription purchase. Refunds are not available for renewals or usage-based charges.

6.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of your billing period.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, are owned by NurseSend or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You acknowledge that you do not acquire any ownership rights by using the Services.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Remove or alter any proprietary notices
• Use the Services to build a competitive product or service

8. Disclaimer of Warranties

9. Limitation of Liability

10. Indemnification

You agree to defend, indemnify, and hold harmless NurseSend, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of and access to the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable law or regulation
• Any content you submit, post, or transmit through the Services
• Your use of data obtained through the Services

11. Dispute Resolution and Arbitration

11.1 Binding Arbitration

Except for disputes that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in San Francisco, California, unless otherwise agreed by the parties.

11.2 Class Action Waiver

YOU AND NURSESEND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

11.3 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@nursesend.com within 30 days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement.

12. Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will immediately cease.

13.2 Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms. We reserve the right to refuse service to anyone for any reason at any time.

13.3 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms will immediately terminate. Sections 5, 7-12, and 14-16 shall survive termination.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and NurseSend regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
• Notices: We may provide notices to you via email, posting on the Services, or other reasonable means.
• Force Majeure: We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control.

16. Contact Information

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

By using NurseSend, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.