These Terms of Service ("Terms") govern Client's access to and use of the MedspAI platform and services ("Services") provided by MedspAI, LLC ("MedspAI," "we," "us," or "our"). By creating an account and completing checkout on app.medspai.com, Client agrees to be bound by these Terms.
"Client" means the business entity or individual who subscribes to the Services. "End Users" means the patients, customers, or other individuals whose information is processed through the Services on Client's behalf.
MedspAI provides a software platform for med spas and wellness businesses that may include, depending on Client's plan:
The specific features available to Client are determined by the plan selected at checkout.
MedspAI grants Client a limited, non-exclusive, non-transferable right to access and use the Services during the subscription term, solely for Client's internal business operations and in accordance with these Terms.
Client agrees to these Terms by creating an account and completing checkout on app.medspai.com. If Client is entering into these Terms on behalf of a business entity, Client represents that they have authority to bind that entity.
Client is responsible for maintaining the security of its account credentials and for all activity that occurs under its account. Client must promptly notify MedspAI of any unauthorized access or security breach at team@medspai.com.
Client agrees to use the Services only for lawful business purposes and in compliance with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state telemarketing laws, and applicable data privacy regulations.
Client shall not:
Client is responsible for ensuring that all contacts receiving AI-generated calls or SMS messages — including AI Recall reactivation messages — have provided appropriate consent in accordance with applicable law. Client is responsible for maintaining opt-out records and honoring opt-out requests promptly. MedspAI provides tools to assist with compliance but does not guarantee compliance on Client's behalf.
Client is specifically responsible for ensuring AI Recall messages comply with applicable messaging laws (including TCPA) and that targeted contacts have not previously opted out of communications.
MedspAI reserves the right to suspend or terminate access to the Services, without notice, if MedspAI reasonably believes Client is using the Services in violation of these Terms or applicable law.
Client retains all ownership of data submitted to or processed through the Services ("Client Data"), including contact information, call recordings, transcripts, and knowledge base content. MedspAI does not claim any ownership rights in Client Data.
Client grants MedspAI a limited license to access, process, store, and transmit Client Data solely as necessary to provide the Services and as described in these Terms and the Privacy Policy.
MedspAI implements industry-standard security measures to protect Client Data, including TLS/HTTPS encryption in transit, AES-256 encryption at rest, and role-based access controls. These measures are described in detail in the Privacy Policy. MedspAI will notify Client of any confirmed data breach affecting Client Data without undue delay.
MedspAI protects Client Data with encryption in transit and at rest, role-based access controls, and secure cloud hosting, and limits internal access to personnel who need it to provide the Services. The Services are designed for front-office communications such as scheduling, pricing, and general inquiries, and are configured to route patient-specific health and billing questions to Client's staff. Client is responsible for determining whether its use of the Services meets its obligations under HIPAA and applicable state privacy laws. Contact team@medspai.com with any security or compliance questions.
Call recordings are retained for 90 days by default. Transcripts and AI-generated call summaries are retained for the duration of the subscription. Client may access recordings and transcripts through the dashboard during the applicable retention period.
AI Recall message history, including sent messages and contact responses, is retained for the duration of the subscription and is accessible through the Recall section of the dashboard.
Following termination, Client Data is retained for 30 days during which Client may request an export. After 30 days, Client Data is permanently deleted from MedspAI's systems. Client may request data export or deletion at any time by contacting team@medspai.com.
Client agrees to pay the subscription fees corresponding to the plan selected at checkout ("Subscription Fees"). Current plan pricing is available at medspai.com/pricing. MedspAI reserves the right to modify pricing with 30 days' advance written notice to Client.
New subscriptions include a 14-day setup period during which Client may use up to 50 AI calls at no charge. Billing begins automatically at the end of the setup period. The setup period cannot be extended.
Client's subscription includes a monthly allocation of AI calls as specified by their plan tier. Usage beyond the included monthly allocation will result in AI call routing being paused until the next billing cycle or until Client upgrades their plan.
Subscriptions are available on a month-to-month or 6-month commitment basis as selected at checkout. Month-to-month subscriptions auto-renew each month. 6-month commitments auto-renew for an additional 6-month term at the end of each commitment period, unless cancelled in accordance with Section 5. 6-month commitments that are cancelled early will be billed for the remainder of the commitment period at the applicable monthly rate.
Subscription Fees are billed automatically via Stripe to the payment method on file. Client authorizes MedspAI to charge the payment method on file for all Subscription Fees, overage charges, and other amounts due. Client is responsible for keeping payment information current.
If any amount is not paid when due, MedspAI may suspend access to the Services until the account is brought current. Past-due amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, if lower). Client is responsible for all reasonable collection costs, including attorneys' fees, incurred in collecting past-due amounts.
Subscription Fees do not include applicable sales, use, VAT, or similar taxes. Client is responsible for all such taxes. MedspAI will charge applicable taxes where required by law.
All Subscription Fees are non-refundable. No refunds or credits will be issued for partial subscription periods, unused AI call allocations, or unused features. This no-refund policy applies to early cancellation of both month-to-month and 6-month commitment subscriptions.
These Terms begin when Client completes checkout on app.medspai.com and continue for the initial subscription period selected. The subscription then auto-renews as described in Section 4.4, unless cancelled.
Client may cancel their subscription at any time through the account dashboard or by contacting team@medspai.com. Cancellation takes effect at the end of the current billing period. Client remains responsible for all fees through the end of the current billing period, or through the end of the 6-month commitment period if on a 6-month plan.
MedspAI may terminate or suspend Client's access to the Services:
Upon termination, Client's right to access the Services ceases immediately. MedspAI will retain Client Data for 30 days following termination, after which it will be permanently deleted. Sections 2, 3, 6, 7, 8, 9, 10, and 11 survive termination.
Upon termination, Client's ported phone number(s) can be ported out to another provider upon written request. MedspAI will cooperate with the outbound porting process and submit the necessary releases within 5 business days of receiving a complete, accurate porting request. MedspAI is not responsible for delays caused by the gaining carrier.
Each party agrees to protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.
A party may disclose Confidential Information to the extent required by law or court order, provided the receiving party gives the disclosing party prompt written notice (to the extent legally permitted) and cooperates with the disclosing party's efforts to obtain a protective order.
MedspAI retains all right, title, and interest in and to the Services, including all software, algorithms, AI models, user interfaces, documentation, and other technology. Nothing in these Terms transfers any ownership of MedspAI's intellectual property to Client.
If Client provides MedspAI with feedback, suggestions, or ideas regarding the Services, Client grants MedspAI a royalty-free, perpetual, irrevocable license to use such feedback for any purpose without compensation to Client.
Each party represents and warrants that: (a) it has the legal authority to enter into these Terms; (b) these Terms are binding and enforceable against it; and (c) its entry into and performance of these Terms does not violate any other agreement to which it is a party.
Client represents and warrants that: (a) it owns or has the right to use all Client Data submitted to the Services; (b) Client Data does not infringe any third-party intellectual property, privacy, or other rights; (c) Client's use of the Services complies with all applicable laws; and (d) Client has obtained all necessary consents to contact End Users through the Services.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MEDSPAI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDSPAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.
Client agrees to indemnify, defend, and hold harmless MedspAI and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Client's use of the Services in violation of these Terms or applicable law; (b) Client Data, including any claim that Client Data infringes a third party's rights; (c) any contact or End User claim arising from Client's use of the Services; or (d) Client's breach of any representation or warranty in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDSPAI'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY CLIENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and the parties consent to the personal jurisdiction of such courts.
These Terms, together with the Privacy Policy and any executed addenda (such as a BAA), constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, understandings, and representations.
MedspAI may update these Terms by posting a revised version at app.medspai.com/terms and providing 30 days' written notice to Client via email. Client's continued use of the Services after the effective date of any update constitutes acceptance of the updated Terms.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
MedspAI's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.
Client may not assign or transfer these Terms or any rights or obligations hereunder without MedspAI's prior written consent. MedspAI may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any unauthorized assignment is void.
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, government actions, labor disputes, internet or telecommunications outages, or third-party service provider failures.
All notices under these Terms must be in writing. Notices to MedspAI should be sent to team@medspai.com. Notices to Client will be sent to the email address on file for the account.
MedspAI facilitates the porting of Client's existing phone numbers to MedspAI's platform as a convenience service. Number porting is subject to approval by Client's current carrier ("losing carrier") and the rules of the applicable telecommunications regulatory body.
Porting timelines provided by MedspAI are estimates only. Actual porting completion depends on the losing carrier's processes and timelines, which are outside MedspAI's control. MedspAI is not responsible for delays, rejections, or service interruptions caused by the losing carrier.
Client is responsible for providing accurate carrier information, account numbers, and authorized representative details required for the porting process. Inaccurate information may result in rejection or delay of the port request. Client is responsible for any fees charged by the losing carrier in connection with the port.
During the porting process, Client will receive a temporary MedspAI phone number for use on the platform. The temporary number is released and may be reassigned after the port completes and the ported number is active on the platform.
If a port request is rejected by the losing carrier, MedspAI will notify Client and provide available information about the reason for rejection. Client may correct the submitted information and re-submit the port request.
The Services use artificial intelligence to generate automated responses via voice call, SMS, and AI Recall messages. AI-generated responses are created algorithmically based on Client's knowledge base and conversation context. AI responses may contain errors, omissions, or inaccuracies, particularly if Client's knowledge base contains incomplete or outdated information.
Client is responsible for configuring and maintaining the AI knowledge base with accurate, current information about their services, pricing, business hours, staff, and policies. The quality and accuracy of AI responses is directly dependent on the quality of the information Client provides. MedspAI does not review, validate, or verify the accuracy of Client's knowledge base content.
MedspAI is not responsible for incorrect, misleading, or harmful information provided by AI-generated responses, including but not limited to missed or incorrectly booked appointments, incorrect pricing or service information communicated to patients, any business losses or reputational harm resulting from AI responses, or patient reliance on AI-generated health or treatment information.
Client is strongly encouraged to regularly review AI call transcripts, SMS conversation logs, and AI Recall message history to monitor response quality and accuracy. If Client identifies systematic errors in AI responses, Client should update the knowledge base accordingly and may contact MedspAI support for assistance.
Nothing generated by the AI through the Services constitutes medical advice, diagnosis, or treatment recommendations. The AI is an administrative and scheduling assistant only. Client is responsible for ensuring that AI responses do not make clinical claims or recommendations.
MedspAI, LLC