Terms of Service

These Terms of Service (the "Terms") are a contract between [Legal entity name], doing business as highertouch.ai ("highertouch", "we", "us"), and the business that subscribes to our service ("Customer", "you"). They govern your access to and use of the highertouch.ai website, dashboard, APIs and AI messaging agent (together, the "Service").

1. Acceptance of these terms

By creating an account, signing an order form, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or clinic, you confirm that you have authority to bind that organisation, and "you" means that organisation.

If you do not agree, do not use the Service.

2. Definitions

• End Customer means a person who messages your clinic through a channel connected to the Service.
• Customer Data means everything you or your End Customers send into the Service: treatment and pricing information, business hours, booking rules, FAQs, message content, contact details and booking records.
• Channel means a messaging surface the Service connects to, such as LINE, WhatsApp, Instagram Direct, TikTok or web chat.
• Output means the messages, summaries and booking actions the AI agent generates.
• Order Form means the plan, pricing and term agreed between us, whether signed, emailed or accepted in the dashboard.

3. The service we provide

The Service answers End Customer messages, books appointments against the availability in your clinic system, sends reminders and follow-ups, and hands conversations to your team when a human is needed. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to use the Service during your subscription term for your own business purposes.

We may improve, add to, or reorganise features. We will not materially reduce the core functionality you are paying for during a paid term without notice to you.

4. Accounts and access

You are responsible for the accuracy of your account information, for every user you invite, and for all activity under your account. Keep credentials confidential and tell us promptly at hello@highertouch.ai if you suspect unauthorised access.

You may not resell, sublicense, or provide the Service to a third party as a standalone service; probe, scan or attempt to breach the Service; use it to build a competing product; or use automated means to extract data beyond the interfaces we provide.

5. Your responsibilities as a clinic

You know your patients, your market and your regulator. You are responsible for:

• Consent and lawful contact. Obtaining any consent required before we message an End Customer on your behalf, and complying with marketing and messaging laws that apply to you, including the channel providers' own rules on business messaging.
• Accuracy of clinic information. The prices, treatments, hours, availability and policies you configure. The agent speaks from what you give it.
• Clinical and regulatory judgment. Any medical, cosmetic, diagnostic or treatment decision. The Service is a communications and scheduling tool, not a medical device, and does not provide medical advice.
• Human review of escalations. Monitoring conversations handed to your team and responding to complaints, adverse events and urgent clinical matters yourself.
• Content. Ensuring Customer Data does not infringe third-party rights or break the law.

Do not use the Service to provide medical diagnosis or treatment instructions, to make emergency or urgent clinical decisions, or to promise clinical outcomes.

6. How the AI agent behaves

The Service uses large language models to generate Output. You should understand three things about that:

• Output is generated from the clinic information you configure. It can still contain errors, and you are responsible for reviewing and correcting what your agent says.
• We configure the agent to decline medical questions and to hand them to your team with the conversation attached. Guardrails reduce risk; they do not eliminate it.
• You own your Output as between you and us, and you are responsible for how it is used with your End Customers.

7. Third-party messaging channels

The Service connects to Channels operated by third parties. Your use of each Channel is also governed by that provider's terms and policies, and each provider may change, suspend or restrict its platform at any time. We are not responsible for a Channel's availability, message delivery, template approval or pricing, and a Channel's suspension of your account is not a breach of these Terms by us.

8. Fees, billing and trials

Fees are set out in your Order Form. Unless it says otherwise: subscriptions are billed in advance; fees are non-refundable except where these Terms or applicable law require a refund; and amounts are exclusive of taxes, which you are responsible for other than taxes on our income.

If an invoice is more than 15 days overdue we may suspend the Service after giving you written notice. Pilot, founding-clinic and trial arrangements run for the period stated and may be changed or ended at the end of that period.

9. Your data and ours

As between us, you own Customer Data. You grant us a limited licence to host, process and transmit Customer Data solely to provide, secure and support the Service, and to meet our legal obligations.

For personal information contained in Customer Data, you are the controller (or equivalent) and we act as your processor. Our handling of personal information is described in our Privacy Policy. If you need a data processing agreement, contact us and we will provide one.

We do not sell Customer Data, and we do not use your End Customers' message content to train general-purpose AI models. We use aggregated, de-identified operational data (such as volumes, response times and error rates) to run and improve the Service.

On termination we will make Customer Data available for export for 30 days, after which we may delete it in the ordinary course, subject to backup cycles and legal retention obligations.

10. Intellectual property

We own the Service, including its software, models, configuration, design and documentation, and all related intellectual property. Nothing in these Terms transfers ownership to you beyond the licence granted above. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

11. Confidentiality

Each party may receive information the other treats as confidential. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the recipient, independently developed, or required to be disclosed by law, provided reasonable notice is given where permitted.

12. Warranties and disclaimers

Each party warrants it has authority to enter into these Terms. We warrant that we will provide the Service with reasonable skill and care.

Except as expressly stated, the Service is provided "as is". We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that Output will be accurate or complete.

13. Indemnification

You will defend and indemnify us against third-party claims arising from Customer Data, your use of the Service in breach of these Terms or applicable law, your messaging of End Customers without required consent, or any clinical decision or treatment.

We will defend and indemnify you against third-party claims that the Service, used as permitted, infringes that party's intellectual property rights. This does not apply to claims arising from Customer Data, from combining the Service with something we did not supply, or from use in breach of these Terms.

14. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised such damages were possible.

Each party's total liability arising out of or related to these Terms is capped at the fees you paid or owed for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnity obligations, or liability that cannot be limited by law.

15. Term and termination

These Terms run from the start of your subscription until it ends. Either party may terminate for material breach that is not cured within 30 days of written notice. You may stop using the Service at any time; termination does not entitle you to a refund of prepaid fees except where required by law. Sections that by their nature should survive (fees owed, confidentiality, IP, disclaimers, liability limits, governing law) survive termination.

16. Changes to the service or these terms

We may update these Terms. If a change is material we will give at least 30 days' notice by email or in the dashboard before it takes effect. Continuing to use the Service after that date means you accept the updated Terms. If you do not accept, you may terminate before the effective date and we will refund any prepaid fees for the unused remainder of your term.

17. Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Before filing, the parties will attempt in good faith to resolve the dispute by discussion for 30 days.

18. General

These Terms, with any Order Form and referenced policies, are the entire agreement between us on this subject. If a provision is unenforceable, the rest stays in force. Failure to enforce a right is not a waiver. You may not assign these Terms without our written consent, except to a successor of your business; we may assign to an affiliate or successor. Nothing creates a partnership, agency or employment relationship. Neither party is liable for delays caused by events beyond its reasonable control.

19. How to reach us

[Legal entity name]
[Registered address], San Francisco, California, USA
Email: hello@highertouch.ai