Service Agreement

Terms of Service

The terms governing access to and use of the DocsMD™ autonomous operations engine and related services.

EFFECTIVE MARCH 27, 2026 · LAST UPDATED SEPTEMBER 29, 2026

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:

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:

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.

Founder Rate. The first five (5) practices to subscribe in each metro area receive the Founder Rate of $699 per location per month (the regular rate is $1,149). The Founder Rate is locked in for as long as the Practice's subscription remains continuously active, including after the initial term. If the subscription is cancelled or ends for non-payment, any later subscription is at the then-current regular rate. Founder spots are assigned in the order subscriptions are completed; metro areas are defined by DocsMD. The Recovery Guarantee is measured against the fee the Practice actually pays.

Payment. Billing starts on the earlier of the date the Practice subscribes online and the Go-Live Date. Fees are charged automatically each month to the bank account (ACH debit) or card the Practice saves with DocsMD's payment processor, and bank and card statements show "DOCSMD". Payments are processed by a PCI DSS-compliant payment processor; DocsMD does not store full card or bank account numbers.

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.

6A. Recovery Guarantee

Paid subscriptions carry an initial term of twelve (12) months from the Go-Live Date (the date the Service first runs live for the Practice). After the initial term the subscription continues month to month until either party gives 30 days' written notice.

Logged Recoveries means the appointments booked through the Service (missed-call text-back, cancellation slot-filling, no-show rebooking, inactive-patient re-engagement, insurance-gap resolution and referral scheduling), each itemized in the weekly Recovery Report with its date, action and value. Each appointment is valued at the average visit value the Practice confirms in writing at onboarding, unless a different value is recorded for that appointment. Appointments the Practice books without the Service are not counted.

How the credit works. DocsMD measures every billing month automatically when it closes. No claim is needed. Any credit is a service credit applied to the Practice's next invoice, so the next billing month is free. Credits have no cash value, are never paid out or refunded, and lapse if no further invoice will issue. The credit for a month never exceeds that month's fee and is the Practice's sole remedy for that month's shortfall.

Conditions. The guarantee applies to any month in which (a) the Practice's account is paid and in good standing; (b) the missed-call forwarding, scheduling access and patient lists set up at onboarding stay connected and current; and (c) the Practice has not paused the Service or turned off a workflow DocsMD recommended. Days the Service is unavailable because of DocsMD are not held against the Practice. A free first month or pilot period is not a billing month for this guarantee.

7. Acceptable Use

You agree not to:

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
20403 N Lake Pleasant Rd, Suite 117
Peoria, Arizona 85382, USA
Email: hello@docsmd.com