Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between the business entity registering for or using the Services (“Clinic Customer,” “you,” or “your”) and MedVibe AI, Inc., a Florida corporation with its principal place of business in Miami, Florida (“MedVibe AI,” “we,” “us,” or “our”).

By creating an account, accessing, or using any part of the medvibe.ai platform, mobile applications, APIs, or related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Services. If you have already registered for an account, you must immediately discontinue use and may request account cancellation as described in Section 15.

MedVibe AI provides a business-to-business software-as-a-service (SaaS) platform that offers AI-powered patient engagement, appointment scheduling, and client retention tools for licensed Medical Spas and Cosmetic Clinics operating in the United States. The Services include the following core modules:

• AI Engagement: Automated, AI-powered conversational messaging with prospective and existing patients via WhatsApp Business, designed to answer treatment inquiries, provide pricing information, and capture leads 24 hours a day, 7 days a week;
• Smart Scheduling: Automated appointment booking, calendar synchronization, waitlist management, and reminder sequences integrated with Google Calendar, Apple Calendar, and Microsoft Outlook;
• Client Retention: Automated post-treatment follow-up sequences, review collection campaigns, and re-booking nudges designed to increase patient lifetime value.

MedVibe AI reserves the right to modify, enhance, discontinue, or add features to the Services at any time, with reasonable notice to Clinic Customers for any material reduction in functionality of a paid feature.

3.1  Eligibility Requirements

To register for and use the Services, you represent and warrant that:

• You are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract;
• You are registering on behalf of a duly licensed and legally operating medical spa, cosmetic clinic, or aesthetic healthcare practice within the United States;
• Your practice holds all licenses, permits, and certifications required by applicable federal, state, and local law to provide the aesthetic and cosmetic treatments it offers;
• All information you provide during registration and thereafter is accurate, current, and complete.

3.2  Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. MedVibe AI is not liable for any loss or damage arising from your failure to safeguard your account credentials.

3.3  Authorized Users

Clinic Customers may create sub-accounts for staff members with role-based permissions. Clinic Customers are responsible for the acts and omissions of all authorized users acting under their account and for ensuring authorized users comply with these Terms.

4.1  Subscription Plans

MedVibe AI offers subscription plans (Starter, Professional, and Elite) as described on our Pricing page. Plan features, usage limits, and pricing are subject to change with thirty (30) days’ advance notice to existing Clinic Customers for any price increase.

4.2  Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle selected at signup. Annual subscriptions are billed as a single upfront payment and include a 20% discount relative to monthly billing.

4.3  Payment Processing

All payments are processed securely through Stripe, Inc., our third-party PCI-DSS compliant payment processor. By providing payment information, you authorize MedVibe AI to charge your designated payment method for all applicable fees on a recurring basis until your subscription is cancelled.

4.4  Late Payment & Suspension

If a payment fails, we will attempt to process the payment again and notify you via email. If payment is not successfully processed within seven (7) days, MedVibe AI reserves the right to suspend access to the Services until payment is received. Continued non-payment for thirty (30) days or more may result in account termination as described in Section 15.

4.5  Taxes

All fees are exclusive of applicable sales, use, value-added, or similar taxes. You are responsible for paying all such taxes associated with your subscription, excluding taxes based on MedVibe AI’s net income.

4.6  Refund Policy

Monthly subscriptions are non-refundable except as required by law. Annual subscriptions include a thirty (30) day money-back guarantee from the date of initial purchase. Refund requests must be submitted to [email protected].

MedVibe AI may offer a free trial period (currently seven (7) days) to new Clinic Customers. During the free trial:

• You will have access to the features included in your selected plan tier;
• No payment method is required to begin the trial unless otherwise stated at signup;
• You may cancel at any time during the trial period without charge by accessing your account settings;
• If you do not cancel before the trial period ends and a payment method is on file, your subscription will automatically convert to a paid subscription at the then-current rate for your selected plan;
• MedVibe AI reserves the right to limit free trial eligibility to one trial per business entity and to modify or discontinue the free trial offer at any time.

You agree not to use the Services to:

• Violate any applicable federal, state, or local law or regulation, including healthcare advertising, consumer protection, and telemarketing laws;
• Send unsolicited, deceptive, or misleading messages to any individual who has not provided appropriate consent (see Section 7);
• Transmit any content that is false, fraudulent, defamatory, obscene, or that infringes any third party’s intellectual property or privacy rights;
• Make false or misleading claims about medical or cosmetic treatment outcomes, efficacy, or safety;
• Attempt to gain unauthorized access to the Services, other Clinic Customer accounts, or MedVibe AI’s underlying infrastructure;
• Reverse-engineer, decompile, or attempt to extract the source code of the Services, except as permitted by applicable law;
• Use the Services to build a competing product or service;
• Upload or transmit any virus, malware, or other harmful computer code;
• Resell, sublicense, or provide access to the Services to any third party without our prior written consent.

MedVibe AI reserves the right to investigate and take appropriate action against any Clinic Customer who violates this Acceptable Use Policy, including suspension or termination of the account, as described in Section 15.

The Services enable AI-powered messaging with End Patients via the WhatsApp Business Cloud API, operated by Meta Platforms, Inc. Clinic Customers using this functionality agree to the following:

7.1  Consent & Opt-In Requirements

You are solely responsible for obtaining all consents required by applicable law — including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and Meta’s WhatsApp Business Messaging Policy — before sending any message to an End Patient via the Services. You must maintain records of patient consent and honor all opt-out requests immediately.

7.2  Compliance with Meta Policies

Your use of WhatsApp messaging through the Services is subject to the WhatsApp Business Messaging Policy and Meta’s Platform Terms. Violations of Meta’s policies (including sending unsolicited marketing messages, or messages outside the applicable 24-hour customer service window without an approved template) may result in your WhatsApp Business Account being restricted or banned by Meta, independent of any action by MedVibe AI.

7.3  Encryption Disclosure

7.4  No Emergency Use

The Services, including AI Engagement, must never be used or relied upon for medical emergencies. You must instruct End Patients to call 911 or visit the nearest emergency room for any medical emergency, and must not represent that the AI Engagement module can respond to or triage emergencies.

If you are a HIPAA Covered Entity and intend to submit Protected Health Information (PHI) through the Services, you must first execute a Business Associate Agreement (BAA) with MedVibe AI, available on our Professional and Elite subscription plans. You must not submit PHI through the Services unless a BAA is in place.

You are solely responsible for: (i) determining whether your use of the Services complies with HIPAA and any applicable state health privacy laws; (ii) obtaining all necessary patient authorizations and consents; and (iii) your own compliance obligations as a Covered Entity. MedVibe AI’s obligations as a Business Associate are governed exclusively by the executed BAA, which controls in the event of any conflict with these Terms regarding the handling of PHI.

You further represent that you hold all applicable state medical, cosmetology, and business licenses required to lawfully provide the treatments and services offered to your patients, and that your use of AI-generated content to communicate with patients does not constitute the unauthorized practice of medicine.

9.1  Ownership

As between you and MedVibe AI, you retain all right, title, and interest in and to all data, content, and information you submit to the Services, including End Patient data (“Customer Data”). MedVibe AI does not claim ownership of Customer Data.

9.2  License to MedVibe AI

You grant MedVibe AI a limited, non-exclusive, worldwide, royalty-free license to access, use, process, store, and transmit Customer Data solely for the purposes of providing, maintaining, and improving the Services, as further described in our Privacy Policy.

9.3  Your Responsibilities

You are solely responsible for the accuracy, quality, and legality of Customer Data, and for obtaining all rights, consents, and permissions necessary for MedVibe AI to process such data on your behalf as contemplated by these Terms.

9.4  Aggregated Data

MedVibe AI may use aggregated, de-identified data derived from Customer Data (that does not identify you or any individual) to develop, improve, and benchmark the Services, and for other lawful business purposes.

The Services, including all software, algorithms, AI models, designs, text, graphics, logos, and other content (excluding Customer Data), are the exclusive property of MedVibe AI, Inc. and its licensors, and are protected by United States and international intellectual property laws.

Subject to your compliance with these Terms, MedVibe AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription. No other rights are granted. You may not copy, modify, distribute, sell, or lease any part of the Services, nor reverse-engineer or attempt to extract the source code, except as expressly permitted by law.

“MedVibe AI” and associated logos are trademarks of MedVibe AI, Inc. You may not use our trademarks without our prior written consent.

The Services integrate with third-party platforms, including Meta’s WhatsApp Business Cloud API, Mindbody, Jane App, Stripe, Google Calendar, Microsoft Outlook, and others (“Third-Party Services”). Your use of any Third-Party Service is governed by that provider’s own terms of service and privacy policy, which you should review carefully.

MedVibe AI does not control and is not responsible for the availability, accuracy, content, or practices of any Third-Party Service. We are not liable for any loss or damage arising from your use of, or inability to use, any Third-Party Service, including any interruption, restriction, or termination of a Third-Party Service’s API (including Meta’s WhatsApp Cloud API) that is outside of our reasonable control.

You are solely responsible for reviewing and approving all AI-configured content, treatment descriptions, and pricing information before it is used to communicate with End Patients, and for ensuring that all patient-facing communications comply with applicable healthcare advertising and consumer protection laws.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEDVIBE AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR ERROR-FREE IN ALL INSTANCES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDVIBE AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF MEDVIBE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MEDVIBE AI’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MEDVIBE AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in this section limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or a breach of confidentiality obligations under an executed BAA.

You agree to defend, indemnify, and hold harmless MedVibe AI, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (i) your use or misuse of the Services; (ii) your violation of these Terms or any applicable law; (iii) Customer Data submitted through your account; (iv) your failure to obtain required patient consents or authorizations; or (v) treatment outcomes, advice, or communications provided by your practice to End Patients.

15.1  Term

These Terms remain in effect for as long as you maintain an account or use the Services.

15.2  Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing cycle. You will retain access to the Services through the end of the paid period.

15.3  Termination by MedVibe AI

We may suspend or terminate your account, with or without notice, if: (i) you fail to pay applicable fees; (ii) you violate these Terms, including the Acceptable Use Policy; (iii) your use of the Services poses a security risk or legal liability to MedVibe AI or third parties; or (iv) required by law or a governmental request.

15.4  Effect of Termination

Upon termination, your right to access the Services will immediately cease. We will retain Customer Data for a period following termination as described in our Privacy Policy (Section 11), after which it will be securely deleted, except as required by law or an executed BAA. Sections of these Terms that by their nature should survive termination (including Sections 9, 10, 12, 13, 14, and 16) will survive.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be addressed through good-faith informal negotiation. If the dispute is not resolved within thirty (30) days, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Miami-Dade County, Florida, before a single arbitrator.

Class Action Waiver: You and MedVibe AI agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and MedVibe AI may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

17.1  Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

17.2  Entire Agreement

These Terms, together with the Privacy Policy and any executed BAA or order form, constitute the entire agreement between you and MedVibe AI regarding the Services, superseding any prior agreements.

17.3  Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email to your account administrator at least fourteen (14) days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

17.4  Assignment

You may not assign or transfer these Terms without our prior written consent. MedVibe AI may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5  Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.6  Force Majeure

MedVibe AI shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, or the unavailability of a third-party API (including Meta’s WhatsApp Cloud API).

17.7  Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

For questions regarding these Terms of Service, please contact our Legal Team using the information below.

Disclaimer: These Terms of Service are provided for informational purposes and do not constitute legal advice. MedVibe AI recommends that Clinic Customers consult qualified legal counsel regarding their own compliance obligations, including healthcare advertising law, HIPAA, and telemarketing/messaging regulations applicable to their practice.