Terms of Service
Welcome to Nayx. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Nayx (“Company,” “we,” “us,” or “our”) governing your access to and use of the Nayx website, mobile applications, web applications, and autonomous workforce management platform (collectively, the “Platform”).
BY CREATING AN ACCOUNT, DOWNLOADING THE MOBILE APP, OR UTILIZING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
1. Description of Services
Nayx operates a two-sided software marketplace and autonomous matching platform that directly connects healthcare facilities (“Facilities”) with independent healthcare professionals (“Clinicians”). Nayx provides technology services, including real-time shift matching, automated credential routing, administrative dashboards, and on-device clinical documentation tools.
Nayx is a technology platform, not a staffing agency or employment agency. Nayx does not employ Clinicians, nor does it control or direct the clinical judgment or medical patient care provided by Clinicians at Facility sites.
2. User Accounts & Eligibility
A. Eligibility
- Clinicians: Must hold valid, unencumbered state licenses, certifications, and legal authorization to practice in their respective jurisdictions.
- Facilities: Must be authorized healthcare providers operating in compliance with applicable local, state, and federal healthcare laws.
B. Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Nayx immediately at info@nayx.ai of any unauthorized account access.
3. Platform Rules & Obligations
A. For Facilities
- Accurate Postings: Facilities must provide accurate shift details, unit assignments, required credentials, hourly rates, and working conditions.
- Timely Approval: Facilities agree to review and approve submitted digital timecards and work logs promptly upon shift completion.
- Safe Working Environment: Facilities must maintain a safe working environment conforming to OSHA and healthcare safety standards.
B. For Clinicians
- Credential Accuracy: Clinicians warrant that all submitted licenses, certifications, background records, and medical documents are genuine and active.
- Professional Conduct: Clinicians agree to render professional care adhering to accepted clinical standards, facility guidelines, and applicable codes of ethics.
- Cancellation Policies: Clinicians must adhere to platform shift cancellation rules. Unavoidable cancellations must be communicated through the Platform immediately.
4. Financial Terms & Direct Payouts
- Rates & Invoicing: Facilities agree to pay the rates displayed and agreed upon within the Platform at the time of shift posting or acceptance.
- Direct Payouts: Clinician payments are triggered upon Facility approval of verified digital work logs via automated electronic deposit.
- Transparent Pricing: Nayx operates on transparent pricing structures disclosed during shift workflow execution. No hidden fees or unauthorized deductions will be made outside platform agreements.
5. On-Device AI Tools & Intellectual Property
- License to Use: Nayx grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and mobile apps in accordance with these Terms.
- On-Device Documentation: Clinicians utilizing Nayx’s local AI documentation assistant acknowledge that generated notes are reference drafts requiring manual clinician review and approval prior to EHR entry. The clinician retains sole professional responsibility for the accuracy of patient medical records.
- Proprietary Rights: All software, algorithms, trademarks, logos, and UI designs associated with Nayx are the exclusive intellectual property of Nayx.
6. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NAYX DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAYX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA LOSS, OR PATIENT CARE DISPUTES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.
NAYX’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING HEREUNDER SHALL NOT EXCEED THE TOTAL FEES RECEIVED BY NAYX FROM THE USER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
8. Termination
Nayx reserves the right to suspend or terminate any User account immediately, without prior notice, for breach of these Terms, non-compliance with credentialing standards, fraudulent activity, or conduct detrimental to patient safety or platform integrity.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nayx is corporate-headquartered, without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of these Terms shall be resolved through binding arbitration or specified local courts.