Terms of Use

Who this agreement is between

These terms are the agreement between MD Spa Mentor LLC, a Wyoming limited liability company, and the business that uses our software. In these terms, “we” and “us” means MD Spa Mentor LLC, and “you” means that business.

You agree to them by using the software. If you are agreeing on behalf of a company, you are saying you are allowed to.

MD Spa Mentor LLC, 30 N Gould St, Sheridan, WY 82801

What we provide

Software for running a medical spa: scheduling, client records, clinical charting, consent and intake forms, packages, point of sale, commissions, payroll and reports. What is included at the price is listed on the pricing page, and everything on that page is included.

What we are not

• We do not provide medical services and we do not employ clinicians. The software records what your clinicians do; it does not do it, check it or approve it
• We do not give legal, medical, tax or compliance advice. The clinical record was built with reference to published requirements, and that is not the same as advice about your business
• We do not process card payments and we take no percentage of what you sell. You keep your own processor, at your own rate. The software records what was taken and by which method

What you are responsible for

You run a medical business. The software is a tool you use to run it, and these things remain yours.

• Your clinical practice. What treatment is appropriate, who may perform it, what a good faith exam requires, and what your notes must contain
• Your compliance. Whatever your state, your board and your insurer require of you, including any obligations you have as a covered entity
• Your consent forms. The software stores and freezes what a client signed. The wording is yours, and whether it is adequate is a question for your attorney
• Your clients’ consent to be contacted. The software sends appointment reminders and form links to the people you tell it to. You are responsible for having the right to contact them
• Your team’s accounts. Who has one, what role they hold, and taking it away when someone leaves
• What you enter. Records you import or type are yours, and we do not check them

How the software may be used

• Use it for your own medical spa business, on as many devices and with as many of your own people as you like
• Do not resell it, rent it out or give access to a business that is not yours
• Do not use it to send anything to people who have not asked to hear from you
• Do not try to break it, take it apart, or get at another customer’s records
• Do not use it for anything illegal

If an account is used to send unsolicited messages, we will suspend it. That is not a commercial position, it is a condition of our own ability to send email at all.

Money

The price is on the pricing page. One plan, per location, per month. Everything listed there is included, there is no charge per person, and we take no share of your revenue.

• Month to month. There is no minimum term and nothing to sign
• Billed monthly in advance, per location
• Cancel whenever you like. You keep the month you have paid for, and we do not bill you again
• If we raise the price, we will tell you at least thirty days before it affects you, and you can leave
• Moving your records in is included, and so is moving them out

Your records are yours

You own your records. Your clients, their history, their consent forms, their clinical notes, your treatments, your prices and your numbers. We hold them on your behalf and we process them on your instructions.

• Export them whenever you like, in a form you can open
• Ask us to delete them and we will
• We never sell them and we never use them for advertising
• We do not use one customer’s records to help another

How this works in detail is on the Privacy Policy. What the software sends, and to whom, is on the Emails we send page.

Availability, support and changes

We aim to keep the software available and we back it up off site, encrypted, every day. We do not promise it will never be unavailable, because no honest company does.

• Support is by email, and a person who has run a medical spa answers it
• We will tell you before planned work that would interrupt you
• We improve the software continuously. We will not remove something you depend on without telling you first

What we do not promise

Plainly, because this is the part usually written to be unreadable.

The software is provided as it is. We do not warrant that it will be uninterrupted, that it will be free of every fault, or that it will meet a requirement we have not been told about. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that using this software makes you compliant with anything. Compliance is a property of how you run your business, not of the tools you buy.

Limits on what we owe

If we let you down, our total liability to you for any claim is limited to what you paid us in the twelve months before the claim arose.

Neither of us is liable to the other for indirect or consequential loss, lost profit or lost business, even if it was foreseeable. Nothing here limits liability that cannot be limited by law, including for fraud.

Ending it

• You can stop at any time. Tell us, take your records, and we will not bill you again
• We can end it if you do not pay, or if the account is used in the ways described above, and we will tell you why
• When it ends, we export your records for you. Thirty days after that we delete them, unless you have asked us to hold them longer

We will not hold your records hostage. They are yours, and a business that made leaving difficult would deserve to lose customers.

Which law, and how disputes are handled

These terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in Wyoming, and both of us agree to that.

If any part of these terms is found unenforceable, the rest still stands.

Changes, and how to reach us

If these terms change in a way that matters, we will change the date at the top and tell you before it takes effect. Continuing to use the software after that means you accept the change. If you do not, you can leave, and we will help you take your records with you.

Contact

MD Spa Mentor LLC
30 N Gould St, Sheridan, WY 82801

hello@mdspamentor.com