Terms of Service
Last updated: Draft, October 2026
These Terms of Service ("Terms") are an agreement between AIX Group, LLC, a [Texas] limited liability company doing business as Patient Concierge ("Patient Concierge," "we," "us"), and the business that subscribes ("Customer," "you"). By checking the box at checkout, clicking "Subscribe," signing an order, or using the Service, you agree to these Terms on behalf of the business you represent, and you confirm you're authorized to do so.
1. Definitions
- Service: the Patient Concierge software, templates, configuration and support described for your Plan.
- Plan: the tier you buy (Core, Growth or Complete), its number of locations, and its billing term.
- Order: your checkout selections or signed order form, including Plan, prices, setup fee, billing term and any approved promotion.
- Customer Data: information you or your patients put into the Service, including Protected Health Information ("PHI").
- Usage: text messages, phone minutes, email, AI interactions, phone numbers, carrier registration and similar items used through the Service.
- BAA: the Patient Concierge Business Associate Agreement, which is part of these Terms.
2. The Service
2.1 Plans. Features are as described for your Plan on our website and feature list at the time of your Order. Plans are cumulative: Growth includes Core; Complete includes Growth.
2.2 Setup. After payment and signature of these Terms and the BAA, we configure your account from our templates, connect the channels you authorize, test alerts and train your team. Setup timing depends on your providing information, approvals, logins and carrier registration details promptly.
2.3 Changes. We may improve or change the Service. We won't materially reduce the core features of your Plan during a paid term.
2.4 Third-party platforms. The Service runs on and connects to third-party platforms (such as telephone carriers, payment processors, social media networks and search engines). Their availability, rules and changes are outside our control, and features that depend on them may change or end if those platforms change. Connecting your social media or other accounts requires your own logins and your continuing permission.
2.5 Not an EHR or medical device. The Service manages patient communications and leads. It does not provide medical advice, diagnosis or treatment, is not an electronic health record, and is not a substitute for clinical judgment. You keep your official medical records in your own systems.
3. Fees and payment
3.1 Subscription fees. You pay the monthly or annual fees in your Order, in advance, for your Plan and each location.
3.2 Setup fees. Setup fees are charged at checkout and are non-refundable once paid, including if you cancel before or after setup is complete.
3.3 Usage. Usage is billed in addition to your subscription at the rates published on our usage pricing page, which may change on 30 days' notice. Usage is charged to a prepaid usage wallet that automatically reloads from your payment method when it falls below the threshold you set. A one-time starter credit may be applied at activation. If your wallet can't be reloaded, usage-based features (such as texts and calls) may pause until it is.
3.4 Taxes. Fees exclude taxes. We add applicable sales, use and similar taxes to your invoice, and you pay them.
3.5 Payment method. You authorize us to charge your payment method on file for all fees, usage and taxes when due, including automatic renewals. Keep your payment details current.
3.6 Failed payments. If a payment fails, we'll notify you and retry. If it remains unpaid for [10] days, we may suspend the Service (section 9) until paid. Suspended accounts still owe fees for the current term.
3.7 Price changes. We may change prices for future terms with at least 30 days' notice before your next renewal. Prices are fixed during a prepaid or committed term.
4. Term, renewal and cancellation
4.1 Monthly plans run month to month and renew automatically each month until cancelled. You may cancel at any time effective at the end of the current billing month; cancel before your next billing date to avoid the next charge. No partial-month refunds.
4.2 Annual prepay plans run 12 months and renew automatically for additional 12-month terms at the then-current annual price unless you cancel at least 30 days before the renewal date. You may cancel within 14 days of your first annual payment for a refund of the subscription portion (setup fees are non-refundable). After 14 days, annual fees are non-refundable.
4.3 12-month commitment, billed monthly. If your Order includes a 12-month commitment billed monthly, you agree to pay the monthly fee for all 12 months. If you cancel before the end of the commitment, the remaining monthly fees for the commitment become due immediately. After the commitment, the Plan continues month to month under section 4.1 unless your Order says otherwise.
4.4 How to cancel. Email [email protected] from your account's billing contact, or use the cancellation option in your account if available. We'll confirm in writing.
4.5 Upgrades and downgrades. Upgrades take effect immediately; we charge the difference in setup fees between Plans and prorate the subscription. Downgrades take effect at your next renewal; no setup fees are refunded, and features above the new Plan are switched off.
5. Promotions and discounts
5.1 Annual prepay pricing applies only while the prepaid annual term is in effect.
5.2 Setup promotions. Any setup-fee discount (including a promotional code or private offer) is available only with a 12-month commitment (annual prepay or section 4.3), applies only to the setup fee, may be used once per business, can't be combined with other offers, and has no cash value. If you end a 12-month commitment early and we agree to waive the remaining monthly fees, the discounted portion of the setup fee becomes due instead.
5.3 Grandfathered pricing applies only where agreed in a signed written amendment.
6. Your responsibilities
6.1 Your team uses the Service. You're responsible for your staff's day-to-day use: answering leads, moving leads through stages, setting outcomes, and keeping staff contact details and alert recipients current (including removing staff who leave). Reports depend on these actions.
6.2 Consent and communications laws. You are the sender of messages and calls made to your patients and prospects through the Service. You are responsible for: obtaining and keeping records of all consents required by the Telephone Consumer Protection Act, state telemarketing and texting laws, the CAN-SPAM Act and similar laws (including prior express consent for automated or AI-voice calls and texts, and prior express written consent for marketing); honoring opt-outs; respecting calling hours; providing accurate business information for carrier registration; and any state registration your messaging requires. We provide consent capture, opt-out handling and default safeguards, but they don't relieve you of these responsibilities.
6.3 AI disclosure. You're responsible for any disclosure your state requires when AI is used in patient communications (for example, Texas Business and Commerce Code § 552.051). The Service's AI assistant identifies itself as automated by default; don't turn this off.
6.4 Message approval. Automated messages, AI assistant instructions and campaigns don't go live until you approve them. You're responsible for the accuracy and legality of approved content, including any health, pricing, insurance or outcome claims.
6.5 HIPAA. You are the covered entity. You're responsible for your own HIPAA compliance, including your notice of privacy practices, patient authorizations where needed, and your staff's use of the Service. Don't send PHI through channels outside the Service, such as personal phones or personal social media accounts.
6.6 Account security. Keep logins confidential, give each user their own login, use multi-factor authentication, and tell us immediately of any unauthorized access.
6.7 Acceptable use. Don't use the Service to send spam, unlawful or deceptive content, or messages to people who haven't consented; to harass anyone; to infringe others' rights; to probe or disrupt the Service; or to copy, resell or reverse-engineer it.
7. Data, privacy and HIPAA
7.1 Your data. You own Customer Data. You give us permission to use it only to provide, secure and support the Service, as the BAA allows.
7.2 BAA. The BAA applies to PHI and controls over these Terms if they conflict on PHI. You must sign the BAA before PHI is entered into the Service, and we won't connect patient-facing channels until it's signed.
7.3 Aggregated data. We may use de-identified, aggregated statistics about Service performance (never PHI and never identifying you or any patient) to improve the Service.
7.4 Export and deletion. For 30 days after your subscription ends, you may request an export of your contacts and conversation history in a standard format. After that, we may delete Customer Data, except where retention is required by law or the BAA.
8. Intellectual property
We and our licensors own the Service, including our templates, workflows, automations, AI configurations, message libraries, reports and documentation. Your subscription gives you a limited, non-exclusive, non-transferable right to use the Service for your own business during your term. Our automation builds aren't exported to you; you receive results through dashboards and reports. Feedback you give us may be used without obligation.
9. Suspension
We may suspend all or part of the Service, with notice where practical, if: fees are past due under section 3.6; your use creates a security risk or legal exposure (for example, messaging without consent, or carrier or platform enforcement); or required by law. We'll restore the Service when the issue is resolved.
10. Warranties and disclaimers
We'll provide the Service with reasonable skill and care. Otherwise the Service is provided "as is." We don't guarantee that the Service will be uninterrupted or error-free, that every message or alert will be delivered (carriers and platforms may filter or delay messages), or any particular number of leads, appointments, patients or revenue. To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
11. Limitation of liability
To the extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits or revenue; and (b) each party's total liability under these Terms is limited to the fees you paid in the 12 months before the claim. These limits don't apply to your payment obligations, your indemnity under section 12, or either party's willful misconduct.
12. Indemnification
You'll defend and indemnify us against third-party claims, fines and penalties arising from: messages, calls or content you send or approve; your failure to obtain or honor consent or comply with communications laws; your use of the Service in breach of these Terms; or your patients' and staff's actions. We'll defend and indemnify you against third-party claims that the Service, as we provide it, infringes a US intellectual property right.
13. Support
Support is by email at [email protected]. We aim to begin investigating reported issues within one business day. We test alert delivery monthly and report results.
14. General
14.1 Governing law and venue. Texas law governs these Terms. Disputes are resolved in the state or federal courts in [Tarrant / Dallas] County, Texas.
14.2 Changes to these Terms. We may update these Terms by posting a new version and notifying you by email at least 30 days before material changes take effect. Continued use after that date means acceptance; if you object, you may cancel before the change takes effect.
14.3 Entire agreement. These Terms, your Order, the BAA and any signed amendment are the entire agreement. If they conflict: a signed amendment, then the BAA (for PHI), then the Order, then these Terms.
14.4 Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or successor.
14.5 Force majeure. Neither party is liable for delays caused by events beyond reasonable control, including carrier and platform outages.
14.6 Electronic agreement. Your click-through acceptance and electronic signature are binding.
14.7 Notices to us: [[email protected]] and AIX Group, LLC, [mailing address]. Notices to you go to your account's billing contact.