Terms of service

1. Acceptance

These terms are an agreement between AlphaSync LLC and the business that uses this website or signs an order form with us. Using the site or signing an order form means you accept them; if you do not accept them, do not use the site.

2. Who may use the site

This website is for businesses and their authorised staff, not consumers, and nothing on it is an offer of consumer services. You must be at least 18 and able to contract for the business you represent.

3. What AlphaSync provides

AlphaSync provides software that helps a practice answer calls, follow up with leads, and reactivate past patients. It can answer a call, take details, send follow-ups, and prompt outreach to people who have not been in for a while. See how it works and how it applies to a med spa.

This is not medical care. AlphaSync does not practise medicine, diagnose or treat any condition, and is not a substitute for clinical judgement. Nothing it says is clinical advice or a medical decision.

4. Who is responsible for what

AlphaSync is a software vendor to the practice: we supply the software, keep it running, and help the practice use it. The practice remains responsible for the care of its patients.

The practice is solely responsible for:

• Clinical care, clinical decisions, and the advice it gives to patients.
• Its own legal and regulatory compliance, including HIPAA, and its own patient notices and consents.
• The accuracy and completeness of the data it supplies: patient lists, contact details, hours, services, prices and scripts.

We rely on the practice's instructions, even where they are wrong.

5. Orders and pricing

AlphaSync is sold on an order form: implementation starts at $10,000, then $3,000 per month, as set out on our pricing page and in the signed order form. Where the order form and these terms or the pricing page disagree, the order form governs. Prices are in US dollars unless it says otherwise.

6. Fees, invoicing and payment

Payment is due on the terms stated on the invoice or in the order form. Overdue amounts may mean interest, suspension, or both, after notice. You are responsible for any sales, use, value-added or similar taxes, other than taxes on our income.

Fees are for access to the service, not for a particular outcome.

7. Term, renewal and termination

The initial term is the one stated in your order form. It then renews for successive terms of the same length unless either side gives notice before the current term ends, on the notice period the order form sets out.

Either side may end the agreement for material breach that is not put right within the cure period the order form states, after written notice. We may also suspend or end the service where the law requires it.

When the agreement ends, your right to use the service stops. We will make your data available to export for the period the order form sets out, then delete it as the order form and the Business Associate Agreement require.

8. Acceptable use

The service may only be used for lawful purposes. You must not use it to:

• Break any law or regulation.
• Break the Telephone Consumer Protection Act (TCPA) or state telemarketing law through robocalls, auto-dialling or messaging.
• Deliver misleading or deceptive call scripts or messages.
• Practise medicine, give clinical advice, or tell a patient what treatment to have.
• Reverse engineer, scrape, or try to derive the source code.
• Resell, sublicense or run the service as a service bureau without a written agreement.
• Interfere with the service, another customer's data, or platform security.

We may suspend access if we believe use is breaking this section.

9. Patient consent and opt-outs

The practice, not AlphaSync, is responsible for obtaining any consent needed to call or text its patients and leads, and for the content of its own campaigns.

The practice must also honour opt-outs, do-not-call requests and requests to stop messages, and make sure those reach the system quickly. We apply the suppression rules the practice sets up, but the practice owns that list.

10. Intellectual property

AlphaSync owns the software, the platform, the configurations we build, and our documentation. You get a right to use the service for the term of the agreement, for your own business; ownership does not transfer.

The practice owns its data: patient records, contact lists, call content and campaign material. It grants AlphaSync a licence to host, copy, transmit and process that data to provide and support the service, and for no other purpose except as the agreement allows.

11. Confidentiality

Each side will protect the other's confidential information at least as carefully as its own, and use it only to perform the agreement. Confidential information does not include what is already public, what the receiving side already held without a duty of confidence, what it develops independently, or what it must disclose by law.

12. Data protection and the Business Associate Agreement

Where protected health information is involved, the parties operate under a Business Associate Agreement signed alongside the order form. For that data, it governs over these terms if the two conflict. Our handling of personal information generally is described in our privacy policy.

13. Disclaimer of warranties

AlphaSync provides the service as is and as available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the service will be uninterrupted, timely, secure or free of errors, that every call will be handled correctly, or that using it will produce a particular business result.

14. Limitation of liability

To the fullest extent the law allows, neither side is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, patients or goodwill, even if the possibility was known.

Our total liability under the agreement is limited to the fees you paid us in the twelve months before the event that gave rise to the claim.

Some jurisdictions do not allow certain warranties to be excluded or damages limited; there, the limits above apply only as far as the law permits.

15. Indemnity

The practice will defend and indemnify AlphaSync against third-party claims, losses and reasonable costs arising from misuse of the service, from its own campaigns, scripts and patient communications, from clinical or patient claims, and from its failure to obtain consent or honour an opt-out. We will give notice of a covered claim.

16. Governing law and venue

These terms are governed by the laws of the state in which AlphaSync LLC is organized. The signed order form names the governing law and venue for any dispute, and controls if it names one. Before starting proceedings, the parties will try in good faith to settle the dispute through discussion between senior representatives.

17. Changes to these terms

We may update these terms and will post the new version on this page with a new date at the top. The version in force when you signed your order form governs your engagement unless the order form or the Business Associate Agreement says otherwise. A change does not by itself create a right to end the agreement.

18. Other terms

• Severability. If a provision is unenforceable, the rest of these terms stay in force, and the unenforceable part is narrowed as little as possible.
• Entire agreement. These terms, the order form, the pricing it refers to, and the Business Associate Agreement are the whole agreement and replace any earlier discussion.
• Assignment. Neither side may hand over the agreement without the other's written consent, except to a successor in a merger or a sale of all its assets.
• No waiver. Not enforcing a provision once is not a waiver of it or of any other.
• Notices. Written notices go to the addresses in the order form. Legal notices to us can also go to todd@alphasync.ai.

19. Contact

Questions about these terms, or a legal notice, can be sent to todd@alphasync.ai.