Terms & Conditions

MsgHealth is a client retention and business management platform for service businesses (salons, spas, wellness centers, field-service companies, and similar). The platform provides: client relationship management and churn prediction, two-way SMS and email messaging and automation (appointment reminders, birthday messages, review requests, and custom campaigns), AI voice calling and voice assistants, online appointment booking, video calls, invoicing and payment processing via Stripe Connect, field-service dispatch with live technician tracking, AI-powered analytics, chat, and automated replies (including an AI chatbot widget for your landing pages), loyalty programs, landing pages and forms, digital business cards with Apple/Google Wallet passes, white-label booking pages, and accounting/tax tools including QuickBooks Online sync and 1099/W-2 e-filing support. Not every feature is available on every plan. By using MsgHealth you agree to these Terms in full.

MsgHealth operates two distinct SMS programs:

OTP / Account Verification (MsgHealth OTP)

Automated one-time passcodes sent to you (the platform user) for login and account security only. Frequency: one message per login attempt. No marketing messages are sent under this program.

Business-to-Client Messaging

As a platform user you may send SMS messages to your own clients through MsgHealth, including appointment reminders, birthday greetings, post-appointment review requests, and custom promotional campaigns. You are solely responsible for obtaining valid prior express written consent from each recipient before sending any messages, maintaining an opt-out mechanism, and complying with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and all other applicable laws.

Message & Data Rates

Standard message and data rates may apply as set by the recipient's mobile carrier for all SMS programs.

Opt-Out

For OTP messages, reply STOP to opt out. For business-to-client messages, each message must include opt-out instructions (e.g., reply STOP). MsgHealth will honor carrier-level opt-outs automatically.

Help

Reply HELP for assistance, or email function(){throw Error("Attempted to call LEGAL_CONTACT_EMAIL() from the server but LEGAL_CONTACT_EMAIL is on the client. It's not possible to invoke a client function from the server, it can only be rendered as a Component or passed to props of a Client Component.")}.

Carrier Support

All major US carriers. Carrier delivery may vary.

MsgHealth provides outbound/inbound voice calling and AI-powered voice assistants for appointment scheduling and client communication. This section constitutes a binding legal agreement and governs your use of these features.

Sender of Record

You — not MsgHealth — are legally responsible for every call placed or answered through your account, including its content, the recipient list, and any consent obtained. MsgHealth provides technology infrastructure only.

Consent Requirements

You represent and warrant that you have all legally required consent to call each recipient under the TCPA, applicable FCC rules, state telemarketing and do-not-call laws, and any comparable regulations in your jurisdiction.

Call Recording & AI Voice Interaction

Calls handled by the AI voice assistant may be recorded, transcribed, and processed by third-party voice infrastructure and AI providers to generate responses. Many states require all-party consent to record calls. You are solely responsible for providing any legally required notice or obtaining consent before a call is recorded, and for complying with your state's call-recording laws.

AI Assistant Limitations

The AI voice assistant may misunderstand callers, provide inaccurate information, or fail to complete a requested action. It is not a substitute for staffed phone coverage for time-sensitive or safety-critical calls.

Indemnification

You agree to indemnify, defend, and hold harmless MsgHealth from any claims, fines, or penalties arising from your use of voice calling or the AI voice assistant, including TCPA or call-recording law violations.

MsgHealth is offered on monthly subscription plans (currently Starter, Pro, and Enterprise) and a Pay-Per-Use Wallet plan. Current pricing and plan features are shown on our pricing page. By subscribing you authorize recurring charges to your payment method at the applicable rate, plus any usage charges and wallet top-ups described below.

SMS Limits & Overage Billing

Each subscription plan includes a monthly SMS allowance (Starter: 300, Pro: 1,000, Enterprise: 2,500). On Starter and Pro, where overage billing is available, messages sent past your allowance are billed per message via Stripe metered billing, up to a monthly overage spending cap you control (default $25). You can turn overage sending off, in which case sending pauses once the allowance is reached. On Enterprise, messages past the allowance are paid from your pay-per-use wallet balance.

Pay-Per-Use Wallet

The Pay-Per-Use Wallet plan has a one-time activation fee and no recurring monthly base fee. SMS, Voice AI minutes, and AI usage are charged against your prepaid wallet balance at the rates shown on our pricing page. You can top up manually or set an automatic recurring top-up, which charges your payment method on the day you choose until you turn it off. Usage-based features pause when your balance runs out.

Introductory Discounts

Promotional pricing, such as a discount on your first month, applies only to the period stated. Regular pricing applies afterward.

Cancellation

You may cancel at any time from Settings → Billing & Plans in your dashboard. Access continues until the end of the current billing period. No refunds are issued for partial periods.

Plan Changes

Upgrades take effect immediately; downgrades take effect at the next billing cycle.

Price Changes

We will provide at least 30 days notice before changing subscription prices.

Payments collected through MsgHealth (e.g., point-of-sale, online checkout) are processed via Stripe Connect. By enabling payments you agree to Stripe's Connected Account Agreement and Stripe's Services Agreement.

Stripe Connect

MsgHealth acts as the platform; Stripe is the payment processor. Card data is never stored on MsgHealth servers.

Terminal Readers

Physical Stripe Terminal readers are supported. You are responsible for securing any hardware assigned to your account.

Disputes & Chargebacks

You are responsible for responding to payment disputes with your clients. MsgHealth is not liable for chargeback losses.

Payouts

Payout schedules and fees are determined by Stripe and your connected account configuration.

MsgHealth provides AI-powered features including churn risk prediction, client health scoring, an AI chat assistant, AI-drafted and automated SMS replies (AI Responder), the AI voice assistant (Section 3), call and video-call transcription and summaries, document and image scanning, and an AI chatbot widget you may embed on your landing pages. These features are powered by third-party AI providers (Anthropic Claude, OpenAI, xAI Grok, and ElevenLabs for synthetic voice).

No Guarantee of Accuracy

AI predictions, recommendations, chat responses, and voice-assistant outputs are probabilistic estimates and may be incorrect, incomplete, or inappropriate. Do not rely solely on AI outputs for clinical, financial, tax, or legal decisions.

Data Sent to AI Providers

To work, AI features send the content they need to third-party AI providers, for example client metrics, SMS conversations, live call audio and transcripts, call and video recordings, website chat messages, and images you ask us to scan. Our Privacy Policy describes what each provider receives.

No Medical, Legal, Tax, or Financial Advice

MsgHealth is a business management tool. Nothing in the service, including AI-generated output, constitutes medical, legal, tax, or financial advice, and none of it should be treated as a substitute for consulting a licensed professional.

Automated Replies

If you enable the AI Responder to send replies automatically, those messages are sent from your account on your behalf, and you are responsible for them as if you had sent them yourself.

Chatbot Widget

The AI chatbot widget you embed on landing pages responds to website visitors on your behalf. You are responsible for reviewing its configured topics and monitoring its output; MsgHealth is not liable for statements it makes to your visitors.

If the Ringless Voicemail Drop feature is available on your account, this section governs your use of it and constitutes a binding legal agreement. You — not MsgHealth — are legally responsible for every ringless voicemail message initiated through your account, as MsgHealth provides technology infrastructure only.

Sender of Record

You are the sender of record for all ringless voicemail messages, including their content, the recipient list, and the circumstances under which consent was obtained.

Consent and Opt-In Requirements

You represent and warrant that before delivering a ringless voicemail to any person, you have obtained all legally required prior express written consent from that recipient under the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), applicable FCC rules, and all applicable state and local laws (including the Florida Telephone Solicitation Act, the California Consumer Privacy Act, and comparable state statutes).

Prohibited Uses

You may not use the Ringless Voicemail feature to contact individuals who have not opted in or who have opted out, send deceptive or harassing messages, violate any law or regulation, or contact numbers on the National Do Not Call Registry without an applicable exemption.

Indemnification

You agree to indemnify, defend, and hold harmless MsgHealth, its officers, directors, employees, and agents from and against any claims, damages, fines, penalties, and legal fees arising out of or related to your use of the Ringless Voicemail feature, including any TCPA violation or regulatory action taken against you or MsgHealth as a result of voicemail drops initiated from your account.

No Legal Advice

MsgHealth does not provide legal advice. The legal status of ringless voicemail under the TCPA has not been definitively resolved. You are solely responsible for consulting qualified legal counsel before using this feature in your jurisdiction.

Record-Keeping

You agree to maintain records of consent for all voicemail drop recipients for a minimum of four (4) years and to provide such records to MsgHealth upon request or in response to any legal or regulatory demand.

Suspension

MsgHealth reserves the right to suspend or terminate your access to the Ringless Voicemail feature at any time, without notice, if we reasonably believe your use violates these Terms, applicable law, or poses legal risk to the Platform.

MsgHealth's Accountant module estimates tax set-aside amounts from your recorded revenue and expenses, and helps you prepare and submit 1099-NEC, 1099-MISC, and W-2 data for e-filing through a third-party provider (Track1099). This section governs your use of these tools.

Estimates Only, Not Tax Advice

Tax set-aside estimates, readiness scores, and other Accountant outputs are informational estimates based on data you enter and are not tax, accounting, or legal advice. You are solely responsible for verifying all figures with a licensed accountant or tax professional before relying on them or filing any return.

You Are Responsible for Filing Accuracy

You are solely responsible for the accuracy of worker classification, payee information, and box amounts you enter or confirm. MsgHealth does not verify the correctness of any filing and is not liable for penalties, interest, audits, or other consequences resulting from inaccurate or late filings.

E-Filing Requires Action in Track1099

MsgHealth submits your confirmed filing data to Track1099 but cannot submit the e-file itself or confirm IRS/SSA acceptance on your behalf. You are responsible for logging into your Track1099 account to schedule the actual e-file and recipient delivery, and for confirming filings are completed by the applicable deadline.

Sensitive Data

Taxpayer identification numbers (TINs/SSNs) you enter are encrypted at rest as a security baseline, but no system is guaranteed error-free or breach-proof. You should only enter the minimum information required and must comply with your own obligations under applicable data protection and tax-preparer laws.

No Guarantee of Compliance

Use of the Accountant module does not guarantee compliance with IRS, state, or other regulatory requirements. You remain solely responsible for your business's tax filings and payments.

MsgHealth provides white-label booking pages accessible to your clients without authentication. You are responsible for the accuracy of your business information, service listings, pricing, and availability shown on your public booking page.

Client Data via Booking

Names and phone numbers submitted through your booking page are stored in your MsgHealth account. You must have a lawful basis for collecting this data.

Rate Limiting

Public booking endpoints are rate-limited to prevent abuse (10 requests per 5 minutes per IP).

MsgHealth lets you publish a digital business card page, generate Apple Wallet / Google Wallet passes, and host video consultations with clients.

Public Card Content

Your digital business card is publicly accessible without authentication. You are responsible for the accuracy and lawfulness of all content you publish on it.

Wallet Pass Dependencies

Apple Wallet and Google Wallet pass generation depend on third-party platforms and credentials outside MsgHealth's control. Availability is not guaranteed and may be limited or unavailable depending on your account configuration.

Video Calls

Video consultations run over third-party WebRTC infrastructure. Call quality, connectivity, and availability are not guaranteed. Video calls are not a substitute for services that legally require an in-person encounter.

Recording & Transcription

If you record a video call, you are responsible for giving participants any legally required notice and obtaining their consent. Recordings are transcribed and summarized by AI providers and are deleted automatically after the retention period set in your account.

You agree that you will not:

Spam

Send unsolicited SMS or email messages, or violate TCPA, CTIA, or CAN-SPAM rules.

Unlawful Use

Use the service for any illegal purpose or in violation of any applicable law.

False Data

Enter false, misleading, or fraudulent client information.

Reverse Engineering

Attempt to reverse engineer, decompile, or extract the source code of MsgHealth.

Account Sharing

Share your account credentials with unauthorized third parties.

You retain ownership of all client data you enter into MsgHealth. By uploading or entering client data, you represent that you have the legal right to store and process that data, including any consent required for SMS outreach.

Data Processor Role

MsgHealth acts as a data processor on your behalf for client records you enter. You are the data controller.

Data Export

You may export your client data at any time from the dashboard.

Team & Technician Location

If you use dispatch and live tracking, you are responsible for informing your team members that their device location is collected while a job is en route, and for obtaining any consent required by law.

Connected Integrations

When you connect QuickBooks Online, Square, Google, or another third-party service, you authorize MsgHealth to access and exchange data with that service on your behalf. Your use of those services is governed by their own terms.

Account Deletion

Requesting account deletion is immediate and irreversible: your client records, bookings, campaigns, and related account data are permanently deleted at the time of the request, and cannot be recovered afterward. Export any data you need before deleting your account.

The MsgHealth service, including its design, software, features, and content, is owned by MsgHealth and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission. You retain all rights to client data you upload.

MsgHealth is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of harmful components. SMS delivery, voice calling, video calls, ringless voicemail, and Wallet pass generation are subject to carrier and third-party platform availability and are not guaranteed. MsgHealth relies on third-party providers (including Stripe, Twilio, SignalWire, Cloudflare, Track1099, Anthropic, OpenAI, and xAI) to deliver core functionality, and is not responsible for outages, errors, or data loss caused by those providers.

To the fullest extent permitted by law, MsgHealth shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost revenue, lost profits, loss of data, loss of business, or business interruption — arising from your use of or inability to use the service, even if advised of the possibility of such damages. This applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails its essential purpose. Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the service shall not exceed the amount you paid to MsgHealth in the one month preceding the claim.

In addition to the specific indemnification obligations in Sections 3 and 7, you agree to indemnify, defend, and hold harmless MsgHealth and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your Use of the Service

Your use or misuse of any MsgHealth feature, including SMS, voice calling, ringless voicemail, video calls, booking pages, the chatbot widget, and the Accountant module.

Your Client Data

Client, employee, or contractor data you upload, including any failure to obtain required consent or have a lawful basis for collecting or processing it.

Your Business Decisions

Business, financial, staffing, tax, or clinical decisions you make in reliance on AI predictions, Accountant estimates, or other outputs of the service.

Your Breach

Your breach of these Terms or violation of any law or third-party right.

You acknowledge that MsgHealth is a software tool, not a guarantor of business outcomes. You are solely responsible for the business, financial, staffing, marketing, tax, and legal decisions you make using the service. MsgHealth does not guarantee any level of client retention, revenue, booking volume, SMS deliverability, call completion, or tax-filing accuracy, and is not liable for losses resulting from your reliance on any prediction, score, estimate, or AI-generated output the service provides.

MsgHealth is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riots, labor disputes, internet or telecommunications failures, third-party provider outages (including Stripe, Twilio, SignalWire, Track1099, Cloudflare, or AI providers), or governmental action.

We may suspend or terminate your account at our discretion if you breach these Terms, engage in fraudulent activity, or if required by law. You may terminate your account at any time. Sections 3, 6–8, and 11–22 survive termination.

Please read this section carefully — it affects your legal rights.

Binding Arbitration

Except for claims that qualify for small claims court, any dispute arising out of or relating to these Terms or the service shall be resolved by binding, individual arbitration administered under the rules of the American Arbitration Association, rather than in court, except that either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access to the service.

Class Action Waiver

You and MsgHealth agree that any arbitration or proceeding shall be limited to the dispute between us individually. You waive any right to participate in a class action, class arbitration, or representative action against MsgHealth.

Opt-Out

You may opt out of this arbitration agreement by emailing function(){throw Error("Attempted to call LEGAL_CONTACT_EMAIL() from the server but LEGAL_CONTACT_EMAIL is on the client. It's not possible to invoke a client function from the server, it can only be rendered as a Component or passed to props of a Client Component.")} within 30 days of first accepting these Terms, stating your intent to opt out of arbitration.

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Subject to Section 20, any disputes shall be resolved in the courts located in Texas, and you consent to personal jurisdiction there.

If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. These Terms, together with any policies referenced herein, constitute the entire agreement between you and MsgHealth regarding the service and supersede any prior agreements.

We reserve the right to modify these Terms at any time. We will provide at least 14 days notice for material changes by email or in-app notification. Continued use of the service after the effective date constitutes acceptance of the revised Terms.