1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the DocsMD™ platform, websites, dashboards, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms form a binding agreement between you (or the entity you represent) and DocsMD LLC, an Arizona limited liability company, operating DocsMD™ ("DocsMD," "we," "us").
2. Description of Service
DocsMD is an autonomous operations engine for healthcare practices. The Service detects revenue-impacting operational events (missed calls, scheduling gaps, inactive patients, referral delays) and executes autonomous patient communications and workflow actions on behalf of the contracted practice. The Service is provided to healthcare practices ("Practices") who engage DocsMD under a written agreement that includes these Terms and a separately executed Business Associate Agreement.
3. Account Registration
To use the Service, an authorized representative of the Practice must register an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of account credentials
- Promptly notify DocsMD of any unauthorized use of your account
- Accept responsibility for all activity occurring under your account
4. SMS/Text Messaging Terms
The Practice authorizes DocsMD to send SMS/text messages to the Practice's existing patients who have provided phone numbers and consented to receive text communications at the Practice's intake.
The Practice represents and warrants that:
- It has obtained valid consent from each patient to receive automated text messages, in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable state laws
- It maintains records of patient consent and will make them available to DocsMD upon request
- It will promptly notify DocsMD of any patient who revokes consent through means other than the SMS opt-out flow (STOP keyword)
- The patient phone numbers provided to DocsMD are accurate and current
Standard message and data rates may apply for recipients. DocsMD does not charge patients for messages received.
5. HIPAA & Protected Health Information
The Practice is the "Covered Entity" under HIPAA and is the controller of all Protected Health Information ("PHI"). DocsMD is the "Business Associate." Use of the Service requires a fully executed Business Associate Agreement ("BAA") between the Practice and DocsMD. No PHI may be transmitted to or stored by DocsMD prior to execution of the BAA.
The Practice is responsible for ensuring the lawful collection and use of PHI under HIPAA, state law, and any applicable consents.
6. Fees & Billing
Subscription fees, billing frequency, and payment terms are set forth in the Practice's separate written agreement or order form. Fees are billed in advance and are non-refundable except as expressly stated. DocsMD may suspend the Service for non-payment after written notice.
Pricing tiers currently include: Starter ($500/month), Growth ($1,000/month), Practice Plus ($1,500/month), Enterprise ($2,000/month), and Pilot (Free 30-day evaluation). Pricing is subject to change with at least 30 days' notice.
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of TCPA, HIPAA, or other applicable law
- Send messages to individuals who have not consented to receive them
- Use the Service to send marketing, promotional, or non-care-related messages
- Attempt to gain unauthorized access to the Service, other accounts, or DocsMD systems
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Resell, sublicense, or commercially redistribute the Service
- Use the Service in any manner that could damage, disable, overburden, or impair DocsMD systems
8. Intellectual Property
DocsMD and its licensors retain all right, title, and interest in the Service, including all software, dashboards, workflows, AI models, documentation, and the DocsMD™ trademark and trade dress. The Practice receives a limited, non-exclusive, non-transferable license to use the Service during the subscription term. The Practice retains all rights to its own data and PHI.
DocsMD's autonomous operations engine architecture is the subject of a U.S. Provisional Patent Application filed March 26, 2026. PATENT PENDING.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. DOCSMD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
DocsMD is not a healthcare provider. DocsMD does not provide medical advice. Automated communications are informational and operational only. Clinical decisions remain the responsibility of the Practice and its providers.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCSMD'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE FEES PAID BY THE PRACTICE TO DOCSMD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL DOCSMD BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA.
11. Indemnification
The Practice agrees to indemnify and hold DocsMD harmless from any claims, damages, or expenses arising from: (a) the Practice's violation of these Terms; (b) the Practice's failure to obtain valid patient consent for communications; (c) the Practice's violation of HIPAA, TCPA, or other applicable law; or (d) the Practice's misuse of the Service.
12. Termination
Either party may terminate the agreement upon written notice as set forth in the Practice's separate written agreement. Upon termination: (a) the Practice's access to the Service ceases; (b) DocsMD will return or destroy PHI in accordance with the BAA; (c) outstanding fees become immediately due; (d) provisions intended to survive termination (including IP, indemnification, and limitation of liability) shall survive.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved in the state or federal courts located in Maricopa County, Arizona, and the parties consent to the personal jurisdiction of those courts.
14. Changes to Terms
DocsMD may update these Terms from time to time. Material changes will be communicated with at least 30 days' notice. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.
15. Contact
DocsMD™
DocsMD LLC
24871 S Ellsworth Rd, Suite 100-170
Queen Creek, Arizona 85142, USA
Email: hello@docsmd.com