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MASTER TERMS OF SERVICE

Last Updated: June 2026

This Master Terms of Service (“Agreement” or “TOS”) governs the access, implementation, and deployment of the proprietary “Practice Assistant” configuration workflows and related digital lead optimization operations (collectively, the “Service”) engineered by the provider entity executing the companion billing estimate or invoice (“Company”) for the medical, psychological, or healthcare practice entity utilizing the Service (“Client”).

BY INITIATING A SETUP FEE PAYMENT, RECHARGING A CONCIERGE MONTHLY RETAINER, OR RETAINING THE CONFIGURATION LIVE ON ANY DIGITAL INTERFACE, CLIENT AGREES TO BE BOUND INDEFINITELY BY THESE TERMS.

1. Scope of Work & Platform Dependency

  • 1.1 Managed Services Provider Model. Client explicitly recognizes that Company is a Managed Service Provider (MSP) specializing in operational configuration, workflow engineering, and digital pipeline mechanics. Company does not provide proprietary chat software infrastructure.

  • 1.2 Intercom Architecture Environment. The Service is deployed exclusively as a managed third-party implementation layer built upon the software ecosystem of Intercom, Inc. (“Intercom”). Core uptime infrastructure, system access layers, server security keys, and data transmission pathways are governed fundamentally by Intercom’s infrastructure performance. Company completely disclaims all administrative or economic liabilities for platform-wide server outages, code deprecation, or software vulnerabilities originating natively from Intercom, Inc.

  • 1.3 Dual-Layer Configuration Logic. The Service blends hard-coded linear branching trees (“Workflows”) and adaptive generative logic queries (“Fin AI”). Information surfaced via Fin AI relies directly upon a static knowledge base provided, curated, and explicitly authenticated by Client.

2. Rigorous Clinical & Medical Practice Disclaimers

  • 2.1 Administrative Nature of Service. The Service operates solely as an automated administrative clerk utility designed to route prospective communications, optimize operational front-desk inquiry sorting, and surface scheduling opportunities. It does not perform clinical triage.

  • 2.2 Compliance with California AB 489 & Tennessee SB 1580. The Service is not a qualified mental health provider, licensed counselor, professional therapist, or medical diagnostic tool. Client is entirely prohibited from setting up, prompting, or manipulating the Service to provide therapeutic advice, emotional counsel, crisis assessment, or diagnostic classification. Client retains total operational accountability for ensuring the AI never mimics human clinical evaluation.

  • 2.3 Forced Persona Disclosures. Client agrees that the Service must systematically expose an immediate, unprompted notice identifying itself as an automated artificial intelligence system upon the initial millisecond of user touch. The persona must remain strictly administrative.

3. The “Blank Box” Field & Automated Crisis Protocol

  • 3.1 Classification of Free-Text Submissions. The Service provides an open text input box allowing prospective patient leads to detail inquiries (“messages”). Client acknowledges that users may choose to insert highly volatile statements concerning acute emotional trauma or mental crises (“cries for help”). Both parties explicitly agree that all text entered into this field is strictly classified as Administrative Intake Information and can under no circumstances establish an actionable patient-provider relationship or clinical file until manually audited and explicitly assumed by a human therapist.

  • 3.2 Automated Crisis Safety Valve Limitations. The Service employs deterministic phrase matching to automatically flag language elements pointing toward self-harm or immediate emergency vectors, routing those users immediately to the 988 Suicide & Crisis Lifeline. Client agrees that:

    • The safety valve protocol is a background automated program delivered strictly on a “best-efforts” basis.

    • The interface is not monitored or audited in real-time by Company personnel or certified human response units.

    • Company denies any legal “Duty to Warn” or civil liability regarding patient adverse behaviors, self-harm incidents, or downstream injury resulting from the software’s failure to isolate specific emotional crisis phrasing.

4. Insurance ID Capture & Benefits Inquiries

  • 4.1 Pass-Through Mechanics. The Service captures user-supplied insurance identification numbers and associated provider groups purely as a pass-through administrative courier. This structural data element is moved entirely into secure transmission pathways without structural indexing, verification, or retention by Company.

  • 4.2 Absolute Verification Disclaimer. Any response generated by the Service indicating that a given health insurance plan “may be accepted” is a preliminary, non-binding text correlation based upon a static inventory supplied by Client. The Service lacks technical integration to perform real-time electronic Benefit Verification (VOB) or deductible analysis. Client assumes all risk and financial liability regarding subsequent patient billing disputes, network non-compliance claims, or surprise medical bills resulting from an automated match.

5. HIPAA Data Logistics & The “Burn Policy”

  • 5.1 Business Associate Agreement. Company functions explicitly under the legal posture of a Business Associate as outlined by the Health Insurance Portability and Accountability Act (HIPAA) and operates strictly pursuant to a fully executed standalone Business Associate Agreement (BAA) with Client.

  • 5.2 Upstream Compliance Hierarchy. Company warrants that the specific architecture deployment occurs solely within Intercom service packages natively calibrated for healthcare data processing, ensuring that a binding corporate BAA is simultaneously active between Company and Intercom, Inc.

  • 5.3 Chain of Custody and Point of Handoff. Company utilizes robust, end-to-end encrypted email configurations (utilizing TLS 1.3 protocol layers) to pass electronic Protected Health Information (ePHI) directly into Client’s technical workspace. Company’s security custody and technical liability terminate completely the exact millisecond a successful transmission log entry is created by the secure email relay. Client assumes total ownership and liability for the long-term data security, endpoint access, and regulatory compliance of all text records upon transit delivery.

  • 5.4 Data Sanitization Policy (“The Scrub Rule”). To protect both entities from deep systemic breach footprints, Company implements an automated retention deletion protocol. All ePHI metadata fields, including names, telephone connections, insurance credentials, and open-box messages, are permanently scrubbed and expunged from the active Intercom database logs within thirty (30) days of successful transmission to Client. Company is under no obligation to maintain or recover historical logs post-deletion.

6. Financial Caps on Liability & Post-Contract Survival

  • 6.1 Calculated Monetary Liability Ceiling. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISDICTIONAL STATUTE, COMPANY’S AGGREGATE FINANCIAL LIABILITY FOR ANY SOFTWARE HALLUCINATIONS, MISROUTED INTAKES, ADMINISTRATIVE CONTEXT ERRORS, DATA INCIDENTS, STATUTORY AUDITS, OR BREACH CONSEQUENCES SHALL BE RESTRICTED AND CAPPED AT A TOTAL SUM EXCLUSIVELY REPRESENTING THE LESSER OF: The initial one-time technical workflow implementation fee paid by Client ($S_{fee}$), OR the cumulative concierge support retainer fees collected by Company from Client during the three (3) monthly operational billing cycles immediately preceding the documented occurrence of the actionable event ($R_{3mo}$).

  • 6.2 Indefinite Survival Post-Termination. Given the agile, non-binding nature of the month-to-month concierge service structure, all core liability exclusions, intellectual property parameters, clinical disclaimers, and mutual defense obligations established inside this Agreement shall survive the conclusion or cancellation of the active workspace relationship indefinitely.