Terms & Conditions

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 support@msghealth.net.

Carrier Support: All major US carriers. Carrier delivery may vary.

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.

SMS Limits & Overage Billing: Each tier includes a monthly SMS allowance (Free: 0, Standard: 300, Pro: 1,000, Corporate: 2,500, Enterprise: 9,999). On eligible tiers you may opt in to allow sending past your allowance; overage messages are billed automatically per message via Stripe metered billing up to a monthly ceiling you control. If overage sending is not enabled, campaigns pause once the allowance is reached.

Cancellation: You may cancel at any time through the Billing tab 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.

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.

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: Client metrics and anonymized data may be sent to AI provider APIs to generate predictions. We do not send personally identifiable information (names, phone numbers) to AI providers unless you explicitly include it in a chat message or a caller/website visitor includes it themselves.

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.

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.

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.

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.

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).

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.

Spam: Send unsolicited SMS messages or violate TCPA/CTIA 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.

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.

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.

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.

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 support@msghealth.net within 30 days of first accepting these Terms, stating your intent to opt out of arbitration.