Terms of service

These Terms of Service (“Terms”) are an agreement between you and SmugMe, LLC (“SmugMe”, “we”, “our”, or “us”). They apply to the website at smugme.ai, the SmugMe web app (app.smugme.ai and each practice’s SmugMe address), the SmugMe apps for iPhone and Android, and the messages we send (together, the “Services”). By using the Services you agree to these Terms. If you do not agree, do not use the Services.

If you use SmugMe on behalf of a practice, you confirm that you are allowed to accept these Terms for it. Where a practice has signed an order form, master services agreement or Business Associate Agreement with SmugMe, that signed agreement controls if it conflicts with these Terms.

Who can use SmugMe

SmugMe is for independent clinics, therapy practices and the people they authorize: staff, providers and, where the practice turns it on, patients and partners using a portal. You must be at least 18 to hold a staff account. The practice decides who has an account and what each person can see and do.

Your account

• Give accurate information and keep it up to date.
• Keep your sign-in codes, authenticator and devices to yourself. Do not share an account.
• Tell us at once at hello@smugme.ai if you think your account has been used without permission.
• You are responsible for what happens in your account. The practice is responsible for the accounts it creates.

Mobile apps

We give you a personal, non-exclusive, non-transferable, revocable license to install and use the SmugMe apps on phones you own or control, only to use the Services under these Terms. You may not copy, modify, reverse engineer or redistribute the apps, except where the law allows it.

The apps need a SmugMe account, an internet connection and a supported version of iOS or Android. Updates may be required to keep using them. Your mobile carrier’s message and data rates apply.

Apps from the App Store and Google Play

If you download an app from the Apple App Store or Google Play, these Terms are between you and SmugMe only, not Apple or Google. SmugMe, not Apple or Google, is responsible for the app, its content, maintenance and support, and for any claims about it, including product liability, legal or regulatory claims and claims that it infringes someone else’s rights. Apple has no obligation to provide maintenance or support for the app. If the app does not meet a warranty that applies to it, you may notify Apple and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the app.

You confirm that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on a US government list of prohibited or restricted parties. You must also follow the store’s own terms, such as Apple’s Usage Rules. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Patient information and the practice’s responsibilities

The practice owns its patient information and other content it puts into SmugMe. SmugMe handles protected health information only as the practice’s business associate, under a signed Business Associate Agreement, and as described in our Privacy policy.

The practice is responsible for:

• Having the right to put patient information into SmugMe and to contact its patients.
• Getting and keeping each patient’s agreement before texting them, and honouring opt-outs.
• Its own notices to patients, its clinical records and its legal duties as a healthcare provider.
• Choosing who in the practice has access, and removing access when someone leaves.

Clinical judgement stays with the provider

SmugMe prepares drafts, such as letters, summaries and forms, from information the practice provides. A draft is a starting point. Missing details are marked, not guessed. A licensed provider reviews, edits and signs anything that goes into a patient’s care or record. SmugMe does not give medical advice, make diagnoses or decide on treatment.

Calls, texts and faxes

SmugMe is software the practice uses on its own phone lines and office number. It is not a phone company. Staff make and take calls. Texts go only to patients who agreed to receive them, and replying STOP opts out. Faxes and texts are sent one to one for a patient’s care, never in bulk and never for marketing.

Do not use SmugMe to reach emergency services. Use a regular phone line and call 911.

SMS messages we send to account holders, such as sign-in codes, are described in the SMS communications section of our Privacy policy.

Acceptable use

You agree not to:

• Break any law, including healthcare privacy, telemarketing, anti-spam and fax laws.
• Send unsolicited, marketing or bulk messages through SmugMe.
• Access accounts, practices or data you are not authorized to see, or try to get around security or permissions.
• Upload malware, overload the Services, or scrape them with automated tools.
• Copy, resell or build a competing product from the Services.
• Put patient information into the website’s public forms.

Fees

Paid plans, communication seats and their prices are set out in the practice’s order form or in the app. The practice pays the fees in that order form. Unless it says otherwise, fees are not refundable.

Features in development

Features labelled “In development”, beta or early access may change, may not be available to every practice, and may be removed. They are provided as they are.

Third-party services

SmugMe can connect to supported EHRs and other services the practice chooses. Those services are governed by their own terms, and we are not responsible for them.

SmugMe’s property

SmugMe owns the Services, including the software, apps, design and brand. These Terms do not give you any rights to them beyond using the Services. If you send us feedback or ideas, we may use them without any obligation to you.

Suspension and ending your use

You or the practice can stop using SmugMe at any time, subject to the practice’s agreement. We may suspend or end access if these Terms are broken, if needed to protect patients, practices or the Services, or if the law requires it. When a practice’s account ends, its content is returned or deleted as its agreement and Business Associate Agreement describe.

Disclaimers

Except as stated in a signed agreement with the practice, the Services are provided “as is” and “as available”. To the extent the law allows, SmugMe disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Services will be uninterrupted or free of errors.

Limitation of liability

To the extent the law allows, SmugMe will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. SmugMe’s total liability for any claim about the Services is limited to the amount the practice paid SmugMe in the 12 months before the claim, or one hundred US dollars if nothing was paid.

Indemnity

The practice will defend and hold SmugMe harmless from claims that arise from its content, its patient communications, or its or its users’ breach of these Terms or the law.

Governing law

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict of law rules. Disputes will be heard in the state or federal courts located in Fulton County, Georgia, unless a signed agreement says otherwise.

Changes to these Terms

We may update these Terms. We will post the new version here with a new effective date and tell account holders about significant changes by email or in the app before they take effect. Using the Services after that date means you accept the updated Terms.

General

If any part of these Terms cannot be enforced, the rest still applies. If we do not enforce a term right away, we have not given up the right to enforce it later. You may not transfer these Terms without our written consent.

Contact us

Questions about these Terms: write to hello@smugme.ai or SmugMe, LLC, 5460 McGinnis Village Place, Suite 203, Alpharetta, GA 30005.