Terms of Service

1Parties

These terms are an agreement between you and Effect Wellness, Inc., a corporation formed in the State of Delaware, United States, whose registered office is at 16192 Coastal Highway, Lewes, Delaware 19958 ("we" and "us").

2What these terms cover

These terms govern your use of PhysioClient™, and of every other product operated by Effect Wellness, Inc. under the same account.

3Eligibility and territory

The service is offered to practices in the United States and Canada. Signup is limited to those countries.

4Your account

One workspace per practice. You agree to give accurate information, and you are responsible for keeping your credentials secure and for activity under your account.

5What the service is, and is not

PhysioClient™ is a practice-management platform. It does not provide clinical, legal or tax advice, and it does not practise any profession. It records, organises and supports the work you do. It does not do the work, and it does not decide whether the work is appropriate.

6Professional responsibility

You are solely responsible for your professional decisions and for the care you deliver. The platform documents; it does not adjudicate.

7Custodianship of patient information

Your practice is the custodian or controller of patient information and is responsible for the lawful basis on which it is collected and used. We process it on your practice's instructions, as its service provider.

8The data agreement

Our data processing agreement, and its jurisdiction-specific schedules, are incorporated into these terms by reference.

9Business associate agreements

Where your practice is a covered entity under HIPAA and we handle protected health information on its behalf, we are your business associate. That status follows from what we do with the information — it is not something either of us elects.

If your practice requires a Business Associate Agreement, contact us and we will sign one with you.

10AI-assisted content

Optional AI features produce drafts. A practitioner must review a draft before it becomes part of any record, and the practitioner is responsible for the content of records. Patient information is excluded from optional AI features by default.

11Publishing and outreach

Content you publish or send through the platform is subject to the platform's professional-advertising and scope-of-practice limits. You are responsible for your own claims, and for the consent of anyone appearing in a testimonial.

Billing

12Plans

The plans we offer, their prices and what each one includes are published on our pricing page. Prices are shown before tax. The plan, price and inclusions that apply to you are the ones presented at checkout when you subscribe.

13Annual billing

An annual plan is billed as ten months — two months' discount for paying annually.

14Trial and signup

A payment card is required to start the trial. Signup creates your workspace first and collects billing immediately afterwards. Before you enter card details we tell you how long the trial lasts, the date of the first charge, and the amount.

15Cancelling before the charge

Cancel before the trial ends and you are not charged. Cancelling is self-serve and no harder than signing up.

16Auto-renewal

Plans renew automatically at the stated frequency until cancelled. Your consent to the renewing charge is taken at checkout, and we send a renewal reminder where a state or province requires one.

17Refunds

We do not offer refunds after the trial ends, except where the law requires one.

18Failed payment and suspension

If a payment fails, you have a grace period of one billing cycle or two failed payment attempts, whichever comes first, with billing notices during it. After that, access is suspended.

Suspension does not delete your records. Your practice may have a professional or legal duty to retain patient records, and a payment dispute does not change that duty. Records are preserved during suspension, and there is a path — export, or reinstatement — by which you can meet your own obligations.

19Billing notices

Billing notices are visible to admin roles only. Keep an admin contact current — a practitioner without an admin role will not see them.

20Add-ons

Add-ons are optional extras you can add to a plan. Each add-on's price, and what it includes, is published on our pricing page and shown to you before you add it. An add-on is billed on the same cycle as your plan, monthly or annually, and its price is shown before tax.

21Provider Connect

Provider Connect is not yet available. The terms that will govern it, including its fees, will be published here before it is offered to you, and no part of these terms applies to it in the meantime.

22Payment processing

Payments are handled by our payment processor. We do not store full card numbers.

23Taxes

Prices are shown before tax. Where we are required to collect a sales tax on your subscription — GST, HST, QST or PST in Canada, or a state or local sales tax in the United States — we add it to your invoice at the rate that applies where your practice is located. Canadian practices can give us their GST/HST and QST registration numbers at signup. You are responsible for any other tax that applies to your use of the service.

Data, term and exit

24Export at cancellation

You can export your practice's data on cancellation. The export remains available for the export window, after which we stop making the export available.

25Retention and destruction

Records are kept for as long as the applicable professional and legal retention floors require, and destroyed after. Closing an account is not the same as deleting records.

26Suspension and termination

We may suspend or terminate an account for the reasons set out in these terms, on notice. The record-preservation commitment in clause 18 applies to termination as it does to non-payment.

27Migration

Where we help you move from another system, migrated records are imported for your review and confirmation before you rely on them. Files move only through the secure upload path inside the product.

28Acceptable use

No unlawful use. No infringement. No attempt to reach another practice's data or to defeat access controls. No reselling access.

29Service levels and changes

We do not commit to a specific uptime figure. We may change the service, and we will not remove a material capability without notice.

30No outcome guarantee

The platform supports practitioners. We make no representation that it improves clinical outcomes, and it does not diagnose, treat or cure. We do not claim that using our software makes a practice compliant with any statute, and no software can.

31Warranties and limitation of liability

We provide the service as it is and as it is available. Apart from the commitments written in these terms, we make no other promise about it, including any implied promise that it is fit for a particular purpose, to the extent the law allows us to exclude one.

Neither of us is liable to the other for indirect or consequential loss, or for lost profits, revenue or goodwill. Our total liability to you for all claims arising out of these terms or the service is limited to the fees you paid us for the service in the 12 months before the event that gave rise to the claim.

Nothing in these terms limits a liability that the law does not allow to be limited, including liability for fraud, or a right that a consumer-protection law in your province or state gives you.

32Indemnity

You will defend us against, and compensate us for, claims brought by a third party that arise from the information you or your practice put into or send through the service, from the care your practice provides, or from your breach of these terms or of the law.

We will defend you against, and compensate you for, claims brought by a third party that the service, used as these terms allow, infringes that party's intellectual property rights.

Whoever is asking for this protection must tell the other promptly about the claim, let the other control its defence, and give reasonable help.

33Governing law and forum

the governing law and the forum for disputes

34Changes to these terms

We will give notice before a material change takes effect.

35French

These terms and the documents related to them are available in French. If you are in Quebec, the French version is provided to you before you agree to them, and you may choose to be bound by the English version instead. We never charge for the French version.

36Contact

Effect Wellness, Inc. · registered office: 16192 Coastal Highway, Lewes, Delaware 19958, United States · hello@effectwellness.com · privacy@effectwellness.com