Terms of Service
These Terms of Service (“Terms”) constitute a binding agreement between you (“You,” “Your,” or “User”) and Patientfy, LLC (“Patientfy,” “Company,” “We,” or “Our”), a California limited liability company. These Terms govern your use of any services provided by Patientfy, including but not limited to websites, content, hosted platforms, and digital services, whether paid or complimentary. By subscribing to or using Patientfy’s services, you agree to comply with these Terms.
Business Identity
Patientfy, LLC is a limited liability company organized and existing under the laws of the State of California.
Copyright
All content, designs, templates, code, and materials provided or made accessible by Patientfy, including but not limited to hosted websites, are the exclusive intellectual property of Patientfy or its licensors and are protected by U.S. and international copyright laws. You may not reproduce, modify, distribute, create derivative works from, or publicly display any portion of Patientfy’s materials without prior written consent.
Trademarks
The name "Patientfy," our logos, product names, and designs are trademarks of Patientfy and may not be used in any manner that causes confusion, implies affiliation, or disparages Patientfy. All other trademarks displayed are the property of their respective owners.
Use of Services
By using Patientfy’s services, you agree to use them only for lawful purposes and in accordance with these Terms. You may not misuse, resell, reverse-engineer, or interfere with any aspect of the Service or related platforms.
No Medical Advice
Patientfy’s content is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Patientfy does not endorse any procedures, professionals, or products and disclaims all liability related to the use or interpretation of content provided on or through its platforms.
Hosted Websites
Any website created or hosted by Patientfy (“Hosted Website”) remains the intellectual property of Patientfy, excluding Customer Information. You are responsible for ensuring the accuracy and compliance of all Customer Information, including HIPAA obligations. Patientfy reserves the right to modify or remove content if it violates law, misleads users, or harms our reputation.
Intellectual Property and Content Ownership
It’s common for business owners to assume that once a website is built, they “own” it outright — but that’s not exactly how it works. A website is made up of two key parts:
Your content and brand (what’s on the site), and
The platform and code (the system that makes it work).
You fully own your content — like your logo, photos, text, and anything you or your team provide or create for the site. However, the code, templates, and platform that power your site belong to Patientfy, just like software belongs to the company that built it. Think of it like a domain name: you can buy and use it for as long as you keep paying the registration fee, but if you stop paying, you lose the right to use that domain — even though it had your name on it.
The same principle applies here: you get a license (permission) to use Patientfy’s technology while your subscription is active, but you don’t own the underlying engine that runs it. This structure ensures your website performs reliably, stays secure, and gets regular updates — without you needing to manage or maintain complex systems.
1. Patientfy Intellectual Property
All software, source code, templates, workflows, visual designs, and structural layouts developed, provided, or deployed by Patientfy—including but not limited to HTML, CSS, JavaScript, navigation architecture, default page layouts, and platform systems—are and shall remain the exclusive intellectual property of Patientfy.
These materials are protected under applicable U.S. and international copyright, trademark, and trade secret laws.
License to Use
You are granted a non-exclusive, non-transferable, limited license to use these materials solely during the active term of your paid subscription.
This license exists only for use in connection with the services provided by Patientfy and does not confer any ownership or derivative rights.
You are not entitled to access, copy, or modify the underlying proprietary infrastructure, source code, or internal systems.
Upon cancellation, expiration, or termination of your subscription, all rights to use or access Patientfy-developed assets immediately revert to Patientfy.
2. Client Ownership and Rights
You retain full ownership of:
All custom content you create or upload (e.g., text, images, videos, blogs).
All brand assets (e.g., logos, trademarks, and images provided by you).
All website copywriting, media, and marketing content created specifically for your business by Patientfy.
3. Website Term and Flexibility
After the website launches, you will enter an initial six-month digital marketing retainer.
This initial term ensures the website is fully launched, stabilized, and optimized for performance.
After the six-month period, your agreement automatically transitions to a month-to-month contract, which may be canceled at any time with written notice.
4. Website Transfer and Migration
After the initial six-month term, you may request a website transfer or migration at any time.
To ensure a seamless transition:
Patientfy will provide all design files, layouts, wireframes, and content in standard, editable formats (e.g., Figma, Adobe XD, or layered design files).
These materials enable any qualified developer or agency to rebuild the same design on the CMS or technology platform of your choice.
Direct export of proprietary platform code (e.g., HTML, CSS, JS frameworks) is not supported. However, Patientfy will cooperate to ensure a smooth and complete migration experience.
5. Export and Handoff Support
If you choose to transition after the initial six-month term:
Patientfy will assist with the export and migration process upon written request.
Design and content assets will be provided in accessible, industry-standard formats.
Proprietary elements and internal frameworks will remain with Patientfy and are not subject to transfer or duplication.
6. Grace Period After Termination
Upon termination of your subscription, you may request a paid grace period to finalize migration and ensure uninterrupted continuity.
During this period, your account can remain active on a pro-rated basis until all files and assets are successfully handed off.
Once the grace period ends, all access to the Patientfy platform and proprietary materials will be deactivated.
Access Restrictions Policy
Patientfy strictly prohibits any client or third-party access to the backend of its systems. This restriction applies to all subscription tiers and includes, without limitation, access to website administration areas (including CMS platforms and backend dashboards), hosting environments (including servers, DNS configurations, and deployment settings), advertising platforms (including Meta, TikTok, and Google Ads master corporate accounts), and all supporting technology systems, including automation workflows, third-party integrations, and internal reporting tools. Access to the aforementioned systems is not granted under any circumstances.
Protection of Proprietary Intellectual Property: Client and third-party access to backend systems is expressly prohibited, as such access would expose confidential and proprietary intellectual property, including but not limited to source code, design templates, campaign strategies, keyword portfolios, automation workflows, platform configurations, and custom-built integrations. These components are the result of significant internal investment, research, and strategic development by Patientfy and are protected under applicable copyright, trademark, and trade secret laws.
Security and Data Integrity: Administrative access is categorically restricted to maintain the integrity, availability, and confidentiality of Patientfy’s systems. Unauthorized access could result in operational disruptions, data loss, or interference with systems and environments shared across multiple client accounts. No exceptions shall be made.
Platform Compliance and Stability: All technical environments, service configurations, and system operations are managed exclusively by Patientfy through centralized infrastructure. To ensure consistent performance and regulatory compliance, no external modification, interference, or configuration changes are permitted under any circumstances.
Limitation of Liability: Patientfy shall not be held liable for any damages, losses, or breaches arising from or related to actions outside its direct operational control. Accordingly, unrestricted backend access by non-Patientfy personnel is strictly prohibited to avoid security breaches, compliance violations, or unintended service disruptions.
Advertising Platform Access: Patientfy does not provide access to any advertising accounts managed within its proprietary ecosystem, including those hosted on Meta, TikTok, and Google Ads master corporate accounts. These accounts are built and maintained using confidential methodologies, proprietary bidding systems, keyword architecture, audience segmentation strategies, and performance optimization scripts, which are the intellectual property of Patientfy. If a client desires full ownership and management of their advertising efforts, Patientfy may facilitate the creation of a separate, standalone advertising account. Upon handoff, the client or their designated third-party assumes full responsibility for all aspects of campaign management, optimization, and performance. Patientfy shall have no ongoing obligations, liability, or support responsibilities in relation to independently managed advertising accounts.
By using Patientfy’s services, the client acknowledges and agrees that backend access is strictly prohibited and that Patientfy retains exclusive control over all system configurations, technologies, and integrations.
Client-Owned Content
The following content is excluded from Patientfy’s ownership:
Your business name and trademarks
Your Customer Information, including contact details, team bios, service descriptions, and similar input provided by you
Any original content, including but not limited to custom text, images, videos, and branding materials that you supply directly to Patientfy for inclusion on your Hosted Website
All such client-supplied content remains your sole property. Patientfy claims no rights over it beyond the limited right to display it on your Hosted Website during the term of your subscription.
Work Made for Hire
To the extent permitted by law, Patientfy’s services and deliverables are considered “work made for hire,” with all associated copyrights and proprietary rights vested exclusively in Patientfy.
Cancellation Policy
You may cancel your subscription by providing written notice to Patientfy. The following conditions apply:
Cancellation becomes effective at least 30 days after written notice is received.
If no termination date is specified, the cancellation will be processed at the end of the current monthly billing cycle following the 30-day period.
Upon termination, Patientfy may immediately deactivate your account and disable any Hosted Websites or HIPAA-related applications (e.g., secure email, forms, texting).
No refunds will be issued for unused services unless explicitly agreed upon in writing.
If your subscription was prepaid for a longer term (e.g., annual), the unused portion may be refunded on a prorated basis, recalculated at the shortest applicable subscription rate, minus applicable labor costs and prior use.
Patientfy is not liable for any data loss, downtime, or third-party impact caused by cancellation or deactivation.
Price and Payment
Subscription fees are billed in advance and must be paid by the due date. If payment is not received within 15 days of the invoice, Patientfy may suspend or deactivate services without further notice. No refunds are issued for partial periods unless otherwise stated.
Non-Payment and Service Suspension
All subscription fees must be paid in full and on time according to the billing cycle agreed upon at the time of service initiation. If payment is not received by the due date, Patientfy reserves the right to suspend access to services, including but not limited to Hosted Websites, HIPAA-compliant forms, email, texting, and any other integrated platforms.
If three (3) consecutive payment attempts fail within a single billing cycle, Patientfy reserves the right to terminate all services immediately and permanently, without further notice. This includes deactivation of your Hosted Website and deletion of associated data, content, and configurations from our systems.
Reinstatement of services following termination due to non-payment is not guaranteed and may require a new subscription agreement, payment of outstanding balances, and applicable setup fees.
Patientfy shall not be held liable for any damages, loss of data, or business interruption resulting from suspension or termination due to non-payment.
Disclaimer of Warranties
All services are provided “as is” and “as available.” Patientfy disclaims all warranties, express or implied, including but not limited to fitness for a particular purpose, merchantability, and non-infringement. Patientfy does not guarantee error-free operation, continuous availability, or that services will meet your specific needs.
Limitation of Liability
Patientfy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of or related to the use of our services. In no event shall Patientfy’s total liability exceed the amount paid by you in the 12 months preceding the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Patientfy, its officers, employees, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising from your use of the services, violation of these Terms, or infringement of third-party rights.
Termination
Patientfy may terminate or suspend your access to the Service at its discretion if you breach these Terms, misuse the platform, or for any other reason deemed necessary to protect the integrity of our systems, content, or brand.
Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of California. All disputes shall be resolved through binding arbitration administered by the American Arbitration Association in Ventura County, California. You waive any right to a jury trial or to bring claims in any other jurisdiction.
Changes to Terms
Patientfy reserves the right to modify these Terms at any time. Changes will be posted on our website and are effective immediately. Continued use of the services after changes are posted constitutes acceptance.
