Terms of Service

1. Your account

Practella is for businesses. By creating an account you confirm that you're at least 18 and authorized to accept these Terms for your practice, which becomes bound by them. The person who creates the account is its owner and can add staff, who must also follow these Terms.

Keep your account information accurate and your password private. You're responsible for activity under your practice's accounts and API keys. Tell us right away if you suspect unauthorized access.

2. Plans, billing and cancellation

• Subscription. You need an active subscription to use Practella. Plans are billed monthly in advance through Stripe and renew automatically until canceled. Prices are shown when you choose a plan and don't include taxes, which you're responsible for.
• Changes and cancellation. The owner can change plans or cancel at any time from Settings → Billing. A cancellation takes effect at the end of the current billing period, and you keep access until then. Fees already paid aren't refunded for partial periods, except where the law requires it.
• Failed payments. If a payment fails, Stripe will retry it and you'll keep access while it does. If it still can't be collected, access stops until the subscription is paid; your data stays in place while it's within the retention period in our Privacy Policy.
• Usage allowances. Each plan includes monthly allowances for emails, text messages, social posts and connected channels. Depending on your plan, use beyond an allowance is either charged at the plan's overage rate or paused until the next month or until you upgrade. Your current usage is shown in the app.
• Price changes. We'll give account owners at least 30 days' notice before a price increase applies to an existing subscription.

3. Your responsibilities

You decide what information goes into Practella and how you contact people with it, so you're responsible for doing so lawfully. In particular, you agree to:

• Comply with HIPAA and other health-privacy laws that apply to your practice, including giving patients any required notices and getting any required authorizations.
• Have the consent the law requires before sending marketing text messages or emails (including under the TCPA and CAN-SPAM), honor opt-outs, and not remove the unsubscribe and STOP options Practella adds.
• Follow the rules of the services you connect, such as social networks, Stripe and Google.
• Make sure your marketing, offers and reviews requests are truthful and meet professional and advertising rules for chiropractors where you practice.

Payments you take from patients go through your own Stripe account. Practella isn't a party to those transactions, and refunds and disputes are between you and your patients.

4. Acceptable use

You may not use Practella to:

• Send spam, or messages to people who haven't agreed to receive them.
• Upload or send unlawful, deceptive, infringing, harassing or harmful content, or malware.
• Access another practice's data, probe or bypass our security or limits, or disrupt the service.
• Resell or provide Practella to others outside your practice, or copy it to build a competing product.

5. Your data

Your practice owns the data it puts into Practella, including patient records. You give us permission to host, process and transmit it only as needed to provide Practella to you, to support you, and as our Privacy Policy describes. Where you're a HIPAA covered entity, our Business Associate Agreement with you also applies to PHI and controls if it conflicts with these Terms.

While your account is open you can export your contacts and delete records in the app, and you can ask us for a copy of the rest of your data. After your account closes, we delete your data as described in the Privacy Policy.

If you send us feedback or suggestions, we may use them without obligation to you.

6. Our service and third parties

Practella, including its software, designs and templates, belongs to [Legal entity name]. Subject to these Terms, we give your practice a non-exclusive, non-transferable right to use it during your subscription. We may improve and change Practella over time, and we won't materially reduce the core features of a paid plan during a billing period.

Practella connects to services we don't control, such as social networks, email and text-message carriers, Stripe and storage providers. We aren't responsible for their availability or for changes they make, such as a network rejecting a post or a carrier filtering a message.

7. Suspension and termination

You can close your account at any time by canceling your subscription and contacting us. We may suspend or close an account that doesn't pay, breaks these Terms or the law, or puts other people, practices or Practella at risk. Where it's reasonable, we'll warn you first and give you a chance to fix the problem. Sections that by their nature should survive termination (such as payment owed, your data, disclaimers, liability limits and indemnity) do.

8. Disclaimers

Practella is a marketing and communications tool. It doesn't provide medical, legal or compliance advice, and it isn't an electronic health record system. Templates and suggestions are starting points that you're responsible for reviewing.

Except as these Terms expressly say, Practella is provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. We don't promise that Practella will be uninterrupted or error-free, or that it will produce any particular number of leads, bookings or reviews.

9. Limitation of liability

To the extent the law allows, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible. Each party's total liability arising out of these Terms is limited to the fees your practice paid Practella in the 12 months before the event giving rise to the claim. These limits don't apply to your payment obligations, your indemnity below, or a party's gross negligence or willful misconduct.

10. Indemnification

Your practice will defend and indemnify [Legal entity name] against third-party claims arising from your data, the messages and content you send through Practella, or your breach of these Terms or the law, and pay the resulting costs and damages.

11. General terms

• Governing law. These Terms are governed by the laws of [State], without regard to its conflict-of-law rules, and its state and federal courts have exclusive jurisdiction over disputes about them.
• Changes. We may update these Terms. We'll post the new version here and tell account owners about material changes at least 30 days before they apply. Continuing to use Practella after that means you accept them.
• Notices. We send notices to the account owner's email address. Send notices to us at the contact details below.
• Entire agreement. These Terms, our Privacy Policy and any Business Associate Agreement are the whole agreement about Practella. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision isn't a waiver. You can't assign these Terms without our consent, except to a buyer of your practice; we may assign them in a merger or sale of our business.
• Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control.

Contact us

Questions about this document? Email our support team, or write to [Legal entity name], [Mailing address].