EverHealth Front Office Plus · Powered by Nimblr.ai

Terms of Service

Last updated: September 21, 2026

Terms of Service

These Terms of Service (“Terms”) form a legal agreement between EverHealth Solutions, Inc. (“EverHealth,” “we,” “us,” or “our”) and the healthcare provider, medical practice, organization, or other business accepting these Terms (“Customer,” “you,” or “your”). These Terms govern access to and use of EverHealth Front Office Plus, including its websites, applications, integrations, communications tools, documentation, and related services (collectively, the “Service”).

The Service is offered under EverHealth branding and is powered by technology provided by Nimblr, Inc. (“Nimblr”). EverHealth is the Customer’s contracting party and manages the commercial relationship, billing, customer success, and first-level support. Nimblr operates and supports the underlying technology on EverHealth’s behalf.

If you accept these Terms for an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not access or use the Service.

An order form, subscription agreement, Business Associate Agreement (“BAA”), statement of work, or other written agreement executed by Customer and EverHealth may contain additional terms (each, an “Order”). If an Order conflicts with these Terms, the Order controls for that conflict. The BAA controls with respect to protected health information (“PHI”).

1. The Service

The Service uses artificial intelligence, voice technologies, messaging, workflow automation, and integrations to assist Customers with patient engagement and front-office operations. Depending on the features purchased and configured, the Service may support inbound and outbound calls, SMS and other communications, appointment scheduling, confirmation, rescheduling, cancellation, recall and outreach workflows, and synchronization with DrChrono or other authorized systems.

EverHealth or its technology providers may update or improve the Service from time to time. We will provide notice of material changes or deprecations when required by the applicable Order or law.

The Service is an administrative technology tool. It does not provide medical advice, diagnosis, treatment, clinical decision-making, or emergency services and is not a substitute for professional judgment. Customer remains responsible for patient care, clinical decisions, staffing, emergency procedures, and review of Service output when appropriate.

2. Eligibility and authorized users

The Service is intended for business use by healthcare organizations and their authorized employees, contractors, agents, and representatives (“Authorized Users”). Authorized Users must be at least 18 years old.

Customer is responsible for:

Authorizing and managing its Authorized Users.
Ensuring that Authorized Users comply with these Terms.
Maintaining accurate account and contact information.
Protecting usernames, passwords, API credentials, and other access credentials.
Promptly disabling access that is no longer authorized.
Promptly notifying EverHealth of suspected unauthorized access or credential compromise.

Customer is responsible for activity under its accounts to the extent permitted by law.

3. Access rights

Subject to these Terms, the applicable Order, and payment of all required fees, EverHealth grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to allow its Authorized Users to access and use the Service solely for Customer’s internal business operations and within the scope purchased from EverHealth.

No rights are granted except as expressly stated. Customer may not provide the Service to another organization, use it as a service bureau, or resell or commercially exploit it unless EverHealth expressly authorizes that activity in writing.

4. Customer responsibilities

Customer will:

Use the Service only for lawful healthcare administration and patient-engagement purposes.
Configure workflows, user permissions, integrations, consent status, and communication settings appropriately.
Provide accurate information and instructions.
Obtain and maintain all rights, authorizations, notices, and consents necessary for Customer Data and communications.
Comply with HIPAA and all other privacy, healthcare, telecommunications, marketing, recording, and consumer-protection laws applicable to Customer.
Maintain reasonable administrative, technical, and physical safeguards for information in Customer’s possession or control.
Independently verify Service output when it may affect patient care, legal obligations, or material business decisions.
Cooperate with reasonable implementation, security, support, and incident-response requests.

Customer is responsible for its clinical operations and its relationship with patients. Customer must not represent that EverHealth or Nimblr is a healthcare provider or assumes a duty of care to Customer’s patients.

5. Acceptable use

Customer and Authorized Users may not:

Use the Service unlawfully, fraudulently, deceptively, or in a manner that violates another person’s rights.
Submit Customer Data without the rights, notices, and consents required by law.
Send unlawful, unsolicited, harassing, discriminatory, abusive, threatening, obscene, or deceptive communications.
Use the Service for emergency dispatch, diagnosis, treatment, or as the sole means of responding to a medical or mental-health crisis.
Reverse engineer, decompile, disassemble, decode, or attempt to derive source code, models, prompts, algorithms, or non-public technology from the Service.
Copy, modify, translate, create derivative works from, sell, lease, sublicense, distribute, or commercially exploit the Service except as expressly authorized.
Access or use the Service to develop, train, or improve a competing product or service.
Remove, conceal, or alter proprietary notices or the “Powered by Nimblr.ai” attribution.
Bypass or interfere with usage reporting, billing, authentication, security, rate limits, or access controls.
Probe, scan, or test vulnerabilities without prior written authorization.
Introduce malware or harmful code, interfere with Service operation, or impose an unreasonable load.
Use automated scraping or extraction tools except through an authorized API.
Permit access by a sanctioned person or use the Service in violation of applicable export-control laws.

6. Customer Data

“Customer Data” means data submitted to, processed by, generated through, or stored within the Service on Customer’s behalf, including patient, appointment, scheduling, and communications information and PHI.

As between the parties, Customer retains all right, title, and interest in Customer Data. Customer grants EverHealth, Nimblr, and their authorized service providers a limited right to host, copy, transmit, process, display, modify, and otherwise use Customer Data only as reasonably necessary to provide, secure, maintain, support, and improve the Service, comply with law, and perform obligations under these Terms, an Order, and the BAA.

Customer represents and warrants that it has all rights and authority necessary to provide Customer Data and authorize its processing as described in the applicable agreements and Privacy Policy.

Neither EverHealth nor Nimblr sells Customer Data or PHI. Identifiable Customer Data and PHI will not be used to train artificial intelligence models. Where permitted by the BAA and applicable law, Nimblr may create and use aggregated or de-identified data that does not identify EverHealth, Customer, an Authorized User, or a patient to operate, secure, analyze, benchmark, develop, and improve the Service and its models.

7. Privacy, security, and HIPAA

Our processing of personal information is described in the Privacy Policy, which is incorporated into these Terms.

If Customer is a covered entity or business associate and the Service involves PHI, Customer and EverHealth must enter into an applicable BAA before PHI is processed through the Service. EverHealth may use subcontractors, including Nimblr, that are bound by written restrictions and safeguards applicable to PHI.

Customer is responsible for its own HIPAA compliance, Notice of Privacy Practices, patient authorizations, minimum-necessary determinations, user access controls, and lawful instructions to EverHealth.

EverHealth and Nimblr maintain safeguards reasonably designed to protect the confidentiality, integrity, and availability of Customer Data. No system is completely secure, and Customer must use the Service in accordance with its own security and risk-management obligations.

If either party becomes aware of a suspected security incident involving Customer Data, it will provide reasonable cooperation consistent with applicable law, the BAA, and the applicable Order.

8. Calls, text messages, email, and recording

Customer is the sender or initiator of communications made through Customer-configured workflows. Customer is solely responsible for:

Obtaining and documenting prior express consent or prior express written consent where required.
Honoring applicable do-not-call requirements and maintaining lawful contact lists.
Ensuring that message content, timing, frequency, and purpose comply with the Telephone Consumer Protection Act (“TCPA”), CAN-SPAM Act, and applicable state and local laws.
Providing required disclosures and identifying itself in communications.
Obtaining all-party or other consent required to record or transcribe calls.

The Service includes controls designed to process consent status and valid opt-out requests, including STOP and equivalent keywords. Customer must not disable, evade, or override suppression controls and must promptly provide accurate consent and opt-out information.

Message and data rates may apply. Telecommunications carriers and networks are third-party services outside our control.

Customer will defend and indemnify the EverHealth Parties under Section 18 against third-party claims arising from Customer’s failure to obtain legally required consent, Customer-provided content or contact lists, or Customer’s unlawful communication practices, except to the extent caused by the Service’s failure to process a valid opt-out that Customer properly configured and communicated.

9. Artificial intelligence and automated features

The Service may generate or select responses and actions using artificial intelligence. Customer acknowledges that automated output is probabilistic and may be inaccurate, incomplete, delayed, or unsuitable for a particular situation.

Customer is responsible for selecting appropriate use cases, configuring workflows, monitoring performance, and applying human review proportionate to the risk. Customer may not rely on the Service as the sole mechanism for urgent, emergency, clinical, or legally mandated communications.

The Service may provide a standard message directing an individual to resources such as 911 or 988 when language potentially associated with a crisis is detected. This feature is not crisis intervention and does not create a duty of care. Detection is not guaranteed. Customer remains responsible for its emergency and safety protocols.

10. Integrations and third-party services

The Service may interoperate with DrChrono, telecommunications carriers, email providers, payment processors, and other third-party services. Customer authorizes the exchange of Customer Data with integrations it enables or requests.

Third-party services are governed by their own terms and privacy practices. We are not responsible for a third-party service’s operation, security, availability, or changes, except to the extent expressly stated in an Order. Service functionality may be affected if a third party changes or discontinues access.

11. Support, maintenance, and availability

EverHealth is Customer's primary customer-facing contact for account management, billing, implementation coordination, and first-level support. EverHealth may involve Nimblr directly in technical implementation, integration, platform, engineering, and support activities.

Support hours, response targets, availability commitments, maintenance procedures, and any service credits are governed exclusively by the applicable Order or service-level agreement. Resolution times are targets unless expressly identified as guarantees.

We may perform scheduled or emergency maintenance. When commercially reasonable, we will provide advance notice of scheduled maintenance and notice of material incidents through Customer’s designated support contacts.

12. Fees, billing, renewal, and taxes

Fees, usage measurements, payment terms, subscription duration, renewal, cancellation, and any refund or credit rights are stated in the applicable Order. EverHealth controls invoicing and collections for the Service. Customer will pay applicable fees and taxes when due, except taxes imposed on EverHealth’s net income.

Customer must raise a good-faith billing dispute within the period stated in the Order and timely pay all undisputed amounts. Except as stated in an Order or required by law, fees are non-refundable.

13. Suspension

EverHealth may suspend access to the extent reasonably necessary to address:

Unauthorized use of the Service.
A material violation of these Terms or an Order.
Non-payment after any applicable notice and cure period.
A legal or regulatory requirement.
A use or condition that EverHealth or Nimblr reasonably believes creates a security risk or risk of harm to the Service, Customer Data, PHI, another customer, or any person.

When commercially and technically practicable, suspension will be limited to the affected Authorized User, account, Customer, or functionality. We will provide prompt notice describing the basis for suspension unless notice is prohibited by law or would materially increase risk, and we will restore access promptly after the issue is resolved. Suspension does not excuse payment obligations accrued before suspension.

14. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or reasonably should be understood as confidential, including Customer Data, security information, pricing, product plans, documentation, workflows, software, models, prompts, and technical information concerning the Service.

The receiving party will:

Use Confidential Information only to perform or exercise rights under the applicable agreements.
Protect it using at least reasonable care.
Disclose it only to personnel, affiliates, contractors, and professional advisers who need to know it and are bound by confidentiality duties.
Not disclose it to another person except as authorized in writing.

These obligations do not apply to information the receiving party can document was lawfully known without restriction, independently developed without use of Confidential Information, lawfully received from a third party without a duty of confidentiality, or publicly available through no breach.

A receiving party may disclose Confidential Information as required by law if, where legally permitted, it gives prompt notice and reasonable assistance in seeking confidential treatment.

15. Intellectual property

EverHealth, Nimblr, and their licensors retain all right, title, and interest in their respective technology, software, artificial intelligence models, prompts, workflows, automations, integrations, APIs, documentation, usage data, telemetry, trademarks, and other intellectual property used to provide the Service, including all updates, improvements, configurations, and derivative works.

EverHealth and DrChrono names, logos, and marks are owned by EverHealth or its licensors. The Holly AI Platform, Nimblr names and marks, and underlying platform technology are owned by Nimblr or its licensors. These Terms do not transfer ownership of any such property to Customer.

If Customer provides suggestions or feedback about the Service, EverHealth and Nimblr may use that feedback without restriction or compensation, provided it does not identify Customer or disclose Customer Data.

16. Beta and preview features

EverHealth may make beta, preview, experimental, or early-access features available. Unless an Order expressly states otherwise, those features are optional, provided “AS IS,” excluded from service-level commitments, and may be changed or discontinued at any time. Customer uses them at its own risk and should not use them for production PHI or critical workflows unless expressly authorized.

17. Warranties and disclaimers

Each party represents that it has authority to enter into these Terms and will comply with laws applicable to its performance.

Except for any express warranty in an Order, and to the maximum extent permitted by law, the Service is provided “AS AVAILABLE.” EVERHEALTH, NIMBLR, AND THEIR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that the Service will identify every error, crisis, scheduling conflict, consent issue, or unauthorized activity, or that artificial intelligence output will always be accurate. Customer is responsible for maintaining appropriate backup procedures and business-continuity processes.

Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

18. Indemnification

Customer will defend, indemnify, and hold harmless EverHealth, Nimblr, and each of their affiliates, licensors, officers, directors, employees, agents, successors, and assigns (collectively, the “EverHealth Parties”) from third-party claims, damages, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising from:

Customer Data, Customer-provided content, or instructions.
Customer’s or an Authorized User’s unlawful or unauthorized use of the Service.
Customer’s breach of Sections 4, 5, 6, 7, or 8.
Customer’s violation of another person’s privacy, confidentiality, intellectual property, publicity, or other rights.
Customer’s gross negligence, willful misconduct, or fraud.

Customer has no obligation to the extent a claim is caused by an EverHealth Party’s gross negligence, willful misconduct, or breach of an express obligation under the applicable agreement.

The indemnified party will promptly notify Customer, provide reasonable cooperation, and allow Customer to control the defense and settlement. Customer may not settle a claim in a way that admits fault by or imposes non-monetary obligations on an indemnified party without that party’s prior written consent.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CUSTOMER NOR THE EVERHEALTH PARTIES WILL BE LIABLE ARISING OUT OF OR RELATING TO THE SERVICE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

EXCEPT FOR EXCLUDED CLAIMS, THE TOTAL AGGREGATE LIABILITY OF THE EVERHEALTH PARTIES ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO EVERHEALTH FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

“Excluded Claims” means liability that cannot lawfully be limited and Customer’s payment obligations, indemnification obligations, infringement or misappropriation of intellectual property, breach of confidentiality, violation of the acceptable-use restrictions, fraud, gross negligence, or willful misconduct.

The limitations in this Section apply regardless of the form of action and are an essential basis of the bargain. They apply collectively to the EverHealth Parties and do not create a separate liability cap for each party. Some jurisdictions do not allow certain exclusions or limitations, in which case they apply only to the maximum extent permitted by law.

20. Term and termination

These Terms begin when Customer first accepts them or accesses the Service and continue while Customer is authorized to use the Service. Subscription term, renewal, cancellation, and termination rights are governed by the applicable Order.

Either party may terminate for an uncured material breach as provided in the Order. EverHealth may terminate or restrict access immediately when required by law or when continued access would create a material security, legal, or safety risk that cannot reasonably be addressed through a narrower suspension.

Upon expiration or termination:

Customer’s access rights end, subject to any agreed transition period.
Customer will stop using and return or destroy EverHealth and Nimblr Confidential Information as requested, subject to lawful retention.
Accrued payment obligations remain due.
Customer Data will be exported, returned, retained, or deleted in accordance with the Order, BAA, Privacy Policy, applicable law, backup policies, litigation holds, and security obligations.

Sections that by their nature should survive will survive, including Sections 6, 7, 8, 14, 15, 17, 18, 19, 20, and 22.

21. Changes to the Service or Terms

We may update these Terms to reflect changes to the Service, law, security requirements, or business practices. We will post the updated Terms and revise the “Last updated” date. If a change materially reduces Customer’s rights during a current paid subscription term, we will provide notice as required by the Order or law.

Changes will apply prospectively. Continued use after the effective date constitutes acceptance, except where an executed Order requires a signed amendment.

22. General terms

Governing law and venue

Unless an Order states otherwise, these Terms are governed by Colorado law, without regard to conflict-of-laws principles. The state and federal courts located in Denver, Colorado have exclusive jurisdiction over disputes arising out of or relating to these Terms, and each party consents to that jurisdiction and venue.

Independent contractors

Customer and EverHealth are independent contractors. These Terms do not create an agency, employment, fiduciary, franchise, joint venture, or legal partnership relationship. Neither party may bind the other.

Assignment

Customer may not assign these Terms or an Order without EverHealth’s prior written consent. EverHealth may assign them to an affiliate or in connection with a merger, reorganization, acquisition, financing, or sale of all or substantially all relevant assets, provided the assignee assumes the applicable obligations.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, except Customer’s payment obligations. The affected party will use commercially reasonable efforts to mitigate the effect.

Notices

Notices to Customer may be sent to its account contact or provided through the Service. Legal notices to EverHealth must be sent to legal@evercommerce.com and:

EverHealth Solutions, Inc.
Attn: Legal
328 Gibraltar Drive
Sunnyvale, CA 94089

Support requests and billing questions do not constitute legal notice and should be submitted through Customer’s designated EverHealth support channel.

Entire agreement and order of precedence

These Terms, the Privacy Policy, the applicable BAA, and all Orders are the complete agreement concerning the Service and supersede prior or contemporaneous communications on that subject. In the event of conflict, the following order applies: (1) BAA, for PHI matters; (2) Order; (3) these Terms; and (4) Privacy Policy.

Severability; waiver

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver.

No third-party beneficiaries; limited exception

Except as stated below, these Terms do not create third-party beneficiary rights. Nimblr and its licensors are intended third-party beneficiaries solely with respect to provisions concerning their intellectual property, confidentiality, acceptable-use restrictions, suspension rights, warranty disclaimers, indemnification, and limitations of liability, and may enforce those provisions directly.

Electronic communications

Customer agrees to transact electronically and receive agreements, notices, disclosures, and other communications electronically. Electronic records and signatures have the same effect as paper records and handwritten signatures to the extent permitted by law.

23. Contact

Questions about these Terms or the Service should be submitted through Customer’s designated EverHealth support channel.

Privacy questions may be sent to privacy@drchrono.com.

Last updated: September 21, 2026