Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and MOS LLC ("we", "us") governing your access to and use of our software service, websites and applications (together, the "Service").

By creating an account, accessing the Service, or clicking to accept these Terms, you agree to them. If you are doing so on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.

If you do not agree to these Terms, do not use the Service.

To use the Service you must:

• Be at least 18 years old, or the age of majority where you live.
• Provide accurate account information and keep it current.
• Keep your credentials confidential — you are responsible for activity under your account.
• Tell us promptly at j@chimaro.ai if you believe your account has been accessed without authorisation.

You keep ownership of everything you put into the Service — your records, documents, files, messages and other content ("Your Data"). You grant us only the licence needed to host, process, back up and display Your Data in order to operate the Service for you.

Where you use the Service to manage your own patients, clients or customers, you are the controller of that information and we process it on your instructions. You are responsible for having a lawful basis to collect it, for the accuracy of what you enter, and for responding to requests from the people it describes.

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

You agree not to use the Service to:

• Break the law, infringe someone's rights, or help anyone else do either.
• Send unsolicited messages, or send any message to a person who has not given the consent the law requires — including text messages to a recipient who has not opted in, or who has replied STOP.
• Upload malware, attempt to gain unauthorised access to the Service or to another customer's data, or interfere with its operation.
• Reverse engineer, resell or white-label the Service except under a separate written agreement with us.
• Use the Service to make automated calls or messages in a way that violates the TCPA, CAN-SPAM, carrier rules, or the equivalent rules where your recipients are.

Some parts of the Service send email, SMS, voice calls and faxes on your behalf. When you use them, you are the sender and you are responsible for holding valid, documented consent from every recipient, and for honouring opt-outs.

We provide the tooling for this — opt-in records, automatic STOP/HELP handling, and suppression of numbers that have opted out — but we cannot obtain consent for you.

We may suspend messaging on an account that generates carrier complaints, high opt-out rates, or content that violates carrier or regulatory rules, and we may pass through the fines a carrier levies for such traffic.

Paid plans are billed in advance on the interval shown at checkout and renew automatically until cancelled. Usage-based charges — messages, calls, storage and similar — are billed in arrears for the period in which they were incurred.

Fees are exclusive of taxes; where we are required to collect tax we will add it to your invoice. Except where the law requires otherwise, payments are non-refundable, and cancelling stops the next renewal rather than refunding the current period.

We may change prices with at least 30 days' notice, effective at your next renewal.

The Service relies on third parties — hosting, telephony, email delivery, payment processing and similar. Their availability and their own terms affect the Service. Where you connect the Service to an account you hold with a third party, that provider's terms govern your relationship with them.

The Service itself — its software, design, documentation and trademarks — remains ours. These Terms grant you a non-exclusive, non-transferable right to use the Service during your subscription, and nothing more. Feedback you send us may be used to improve the Service without obligation to you.

We work to keep the Service available but do not guarantee uninterrupted operation; maintenance, third-party outages and factors outside our control happen.

You may stop using the Service and close your account at any time. We may suspend or terminate an account that breaches these Terms, that is used unlawfully, or for which fees are unpaid after notice.

On termination you may export Your Data for a reasonable period, after which we delete or de-identify it except where we must retain records to meet legal, tax or dispute-resolution obligations, or to honour an opt-out.

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Service is a tool, not a professional. It does not provide medical, legal, tax or financial advice, and nothing it produces — including AI-generated summaries, drafts or suggestions — is a substitute for the judgement of a qualified professional. Where the Service is used in a clinical setting, a licensed clinician remains responsible for every clinical decision and for what is recorded in a patient's chart.

To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits or lost data, arising from these Terms or the Service. Our total liability for any claim is limited to the fees you paid us for the Service in the twelve months before the claim arose. Nothing here limits liability that cannot lawfully be limited.

You will defend and indemnify us against claims arising from Your Data, from your use of the Service in breach of these Terms or the law, and from messages you sent through the Service to recipients who had not consented to receive them.

We may update these Terms as the Service changes. The date at the top of this page reflects the most recent revision, and material changes will be communicated through the Service before they take effect. Continuing to use the Service after that means you accept the revised Terms.

These Terms are governed by the laws of the state in which MOS LLC is organised, without regard to conflict-of-laws rules, and the courts of that state have exclusive jurisdiction over disputes arising from them.

Questions about these Terms can be sent to j@chimaro.ai.