Terms & Conditions

Xophie provides AI-powered patient communication tools for healthcare practices, including but not limited to:

• Automated call answering and handling using artificial intelligence
• Real-time appointment scheduling and calendar integration
• Patient intake and information collection
• SMS and email messaging for appointment reminders and confirmations
• Call transcription, recording, and AI-generated summaries
• Analytics and reporting for healthcare practices
• Multi-location support for dental and medical practices

Xophie is designed to assist healthcare practices in managing patient communications and administrative tasks. Our services are not intended to provide medical advice, diagnosis, or treatment.

For Healthcare Providers

To use Xophie services as a healthcare provider, you must:

• Create an account by providing accurate and complete information
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access or security breaches
• Be responsible for all activities that occur under your account
• Ensure that all users within your organization comply with these Terms
• Provide valid payment information for subscription services

You represent and warrant that you are a licensed healthcare provider or authorized representative of a healthcare practice, and that you have the legal authority to enter into this agreement on behalf of your practice.

You agree not to use Xophie services to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited marketing messages, or unauthorized communications
• Engage in fraudulent, deceptive, or misleading practices
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or user data
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or disassemble our software or AI models
• Use our services for any unlawful or unethical purpose
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest user information without consent
• Use automated systems to access services in a manner that sends more requests than a human can reasonably produce

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

As a healthcare provider using Xophie, you agree to:

• Provide accurate scheduling information, provider availability, and practice policies to ensure proper AI responses
• Obtain appropriate patient consent for communications, including SMS messages and call recordings
• Comply with all applicable healthcare laws and regulations, including HIPAA
• Review and verify all AI-generated content before taking clinical action
• Maintain professional standards and ethical practices in all patient interactions
• Promptly address any patient concerns or complaints related to Xophie services
• Configure and customize Xophie to align with your practice's specific workflows and requirements
• Train your staff on proper use of the platform and data security practices

Xophie is offered on a subscription basis. By subscribing to our services, you agree to the following payment terms:

• Subscription Fees: You will pay the subscription fees specified in your service plan, billed monthly or annually as selected.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal.
• Payment Method: You authorize us to charge your designated payment method for all fees. You must keep payment information current.
• Price Changes: We may change subscription fees upon 30 days' advance notice. Price changes will apply to the next billing cycle after notice.
• Usage-Based Charges: Additional fees may apply for usage exceeding plan limits (e.g., call volume, SMS messages, storage).
• Taxes: Fees are exclusive of applicable taxes, which you are responsible for paying.
• Late Payments: Overdue payments may result in service suspension and late fees.
• No Refunds: Fees are non-refundable except as required by law or as specified in a separate agreement.

We strive to provide high-quality, reliable service with minimal downtime. However:

• Services are provided on an “as-is” and “as-available” basis without guarantees of uninterrupted availability.
• We may perform scheduled maintenance with advance notice when possible, during which services may be temporarily unavailable.
• Unscheduled downtime may occur due to technical issues, infrastructure failures, or circumstances beyond our control.
• We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
• Service level agreements (SLAs) with uptime guarantees may be available for enterprise customers under separate agreement.

We are not liable for any losses or damages resulting from service interruptions or downtime.

Your Data

Patient data, call recordings, transcripts, and other content you submit or generate through Xophie (“Customer Data”) remains your property. You retain all rights, title, and interest in your Customer Data.

You grant Xophie a limited license to process, store, and use Customer Data solely to provide services to you and as described in our Privacy Policy.

Our Property

Xophie retains all rights, title, and interest in and to the Xophie platform, software, AI models, technology, and intellectual property. This includes:

• Software code, algorithms, and proprietary technology
• AI models, training data, and machine learning systems
• Trademarks, logos, and brand assets
• Documentation, user interfaces, and design elements
• Aggregated and anonymized analytics data derived from service usage

These Terms do not grant you any ownership rights to Xophie intellectual property.

Each party agrees to maintain the confidentiality of the other party's confidential information, including but not limited to:

• Patient health information and protected health information (PHI)
• Business operations, pricing, and customer lists
• Technical information, software, and proprietary technology
• Security practices and system architecture

Confidential information must be protected using reasonable security measures and not disclosed to third parties without authorization, except as required by law.

By You

You may terminate your Xophie subscription at any time through your account settings or by contacting support. Termination will be effective at the end of your current billing period.

By Xophie

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to our systems or other users
• Misuse services in a manner that harms Xophie or our reputation

Effect of Termination

Upon termination:

• Your access to Xophie services will be disabled
• You remain responsible for all fees incurred prior to termination
• Customer Data will be retained for 30 days to allow for data export, then securely deleted unless otherwise required by law
• Provisions that by their nature should survive termination will remain in effect

XOPHIE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of AI-generated content
• Warranties of uninterrupted, timely, secure, or error-free service
• Warranties that defects will be corrected

You use Xophie services at your own risk. We make no guarantees regarding service performance, availability, or results.

You agree to indemnify, defend, and hold harmless Xophie, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of Xophie services
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights
• Your Customer Data or content
• Your provision of healthcare services to patients
• Any negligent or wrongful conduct by you or your staff

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or Xophie services shall be resolved through:

• Informal Resolution: First, contact us at [email protected] to attempt informal resolution.
• Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.
• Class Action Waiver: You agree to bring claims only in your individual capacity and not as part of any class or representative action.

• Entire Agreement: These Terms constitute the entire agreement between you and Xophie regarding use of our services, superseding all prior agreements.
• Amendments: We may update these Terms from time to time. Material changes will be notified via email or platform notice. Continued use after changes constitutes acceptance.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
• No Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms without restriction.
• Force Majeure: Neither party is liable for failure to perform due to circumstances beyond reasonable control.
• Relationship: These Terms do not create a partnership, joint venture, or agency relationship.

For questions or concerns regarding these Terms & Conditions, please contact us: