Terms of Service

Effective: August 31, 2026 · Last updated: August 31, 2026

These Terms govern your use of the HyperClinic AI platform. They are an agreement between HyperClinic AI LLC, a Texas limited liability company (“HyperClinic,” “we”), and the medical practice or organisation that subscribes to the service (“Practice,” “you”). By creating an account, signing an order form, or using the platform, you agree to them.

Read this first if you are a patient. These Terms are between HyperClinic and your medical practice. They are not an agreement between you and HyperClinic, and nothing in them changes your relationship with your practice or your rights as a patient. See our Privacy Policy.

1. What we provide

HyperClinic licenses three software products, sold together:

Patient Check‑In — appointment intake forms, arrival messaging, a day board for your staff, and delivery of completed documents to your chart or archive.
Provider Scribe — software that drafts clinical documentation from a visit for a clinician to review, edit and sign.
Website & SEO — a managed practice website and management of your public listings and reviews, where you authorise it.

We provide the software as a service. We do not provide medical care, medical advice, billing services, coding determinations, or legal advice.

2. Which document controls

If these Terms conflict with another document, the order of precedence is:

the Business Associate Agreement between us, for anything concerning protected health information;
a signed order form or written agreement, for commercial terms;
these Terms;
the Privacy Policy and any product documentation.

The Business Associate Agreement always governs our handling of protected health information. Nothing in these Terms reduces an obligation we owe you under it.

3. Accounts and access

Access is by Google Sign‑In on an email address at a domain you have registered with us. You control who at your practice has an account and what role each person holds; we do not add or remove your people. You are responsible for keeping that list current — including removing access promptly when someone leaves — and for what is done under your accounts.

Accounts are for named individuals. Sharing a login defeats the audit trail that both of us rely on and is not permitted.

4. Your responsibilities

a. Clinical responsibility stays with you

Provider Scribe produces a draft. A licensed clinician must review, correct and sign every note before it becomes part of a patient’s record. The software does not diagnose, does not recommend treatment, and does not exercise clinical judgement.

You and your clinicians remain solely responsible for the accuracy and completeness of the medical record, for clinical decisions, and for the care of your patients. You are also responsible for meeting your own record‑retention obligations — in Texas, a physician must keep an adequate medical record for at least seven years from the last treatment, and for a patient who was a minor, until the patient turns 21 or seven years from the last treatment, whichever is longer.

b. Consent for text messages

When our software sends a text message to a patient, you are the sender and we are the delivery mechanism. You are responsible for obtaining and maintaining each patient’s consent to be contacted by text, and for doing so in a way that complies with the Telephone Consumer Protection Act, FCC rules, and any state law that applies to you.

You will not use the platform to send marketing or promotional messages. Appointment and arrival messaging is transactional and that is the only use the platform supports. You must honour a patient’s withdrawal of consent received by any reasonable means, including one given to your front desk, and you must not re‑enrol a number that has opted out.

c. Accurate data and lawful use

You are responsible for the accuracy of the patient and appointment data you or your EMR send us, for having the authority to send it, and for using the platform only for lawful purposes connected to your practice. You will apply the HIPAA minimum‑necessary standard when configuring roles, and you will not ask us to collect information a patient should not be asked for.

d. Your EMR connection

Where you connect an EMR or authorise us to act on your behalf with a third party — including Google Business Profile — you confirm that you have the right to grant that access and that doing so does not breach your agreement with that vendor. You may withdraw the authorisation at any time.

5. Acceptable use

You will not, and will not permit anyone to:

attempt to access another practice’s data, or probe, scan or test the platform’s security without our written permission;
copy, reverse engineer, decompile or create derivative works from the platform, except where the law says you may despite this restriction;
resell, sublicense or provide the platform to a third party as a service;
upload malicious code, or use the platform to send unlawful, harassing or deceptive messages;
use the platform to make automated decisions about a patient’s care without a clinician;
enter payment card numbers, card security codes, bank account details or credentials into intake forms. Our software refuses these fields and you must not attempt to work around it.

6. Text messaging

Appointment messages sent through the platform contain only your practice’s name and a secure link. Message frequency is at most one message per appointment. Message and data rates may apply to the recipient. Recipients may reply STOP, QUIT, END, CANCEL, REVOKE, OPT OUT or UNSUBSCRIBE to stop, or START to resume; we record an opt‑out immediately and it applies to all appointment messages from your practice.

No mobile information is shared with third parties or affiliates for marketing or promotional purposes. Carrier registration — including A2P 10DLC brand and campaign registration — is required before messages will be delivered reliably. We will tell you what is needed; you are responsible for the accuracy of the information you give the carriers. Carriers may filter, delay or block messages and neither of us controls that; delivery is not guaranteed.

7. Fees

Fees, the billing period and any usage charges are set out in your order form. Fees are payable in advance unless the order form says otherwise, and are exclusive of taxes. We may pass through the actual cost of third‑party items we buy on your behalf — carrier registration fees and per‑message charges, for example — and we will tell you before we do. If an invoice is more than 30 days overdue we may suspend the service after giving you 10 days’ written notice and an opportunity to pay.

Suspension for non‑payment does not delete your data, and it does not remove our obligations under the Business Associate Agreement.

8. Term, termination and your data

These Terms run for as long as you hold an account or a subscription. Either of us may terminate for convenience with 30 days’ written notice, or immediately for a material breach the other has not cured within 30 days of written notice.

We may suspend an individual account immediately, without notice, if it is being used in a way that puts patient data at risk. We will tell you why as soon as we reasonably can.

Your data is yours. During the term, and for 30 days after it ends, you may ask us to export it and we will provide it in a usable format at no charge. After that we return or destroy the protected health information we hold and keep no copies, except where returning or destroying it is not feasible — encrypted backups on a fixed expiry cycle, and immutable audit records — in which case we continue to protect it under the Business Associate Agreement and stop using it for anything else. That is what 45 CFR §164.504(e)(2)(ii)(J) requires and it is what we do.

9. Intellectual property

We own the platform, our software, and everything we develop. You own your data, your patients’ information, your practice’s content, and the website content we produce for you. We grant you a non‑exclusive, non‑transferable right to use the platform during the term, for your own practice.

We do not use your patient data to train general‑purpose artificial intelligence models, and we do not sell it. We may use aggregated, de‑identified information — de‑identified in accordance with 45 CFR §164.514 — to operate, secure and improve the platform. If you send us feedback or a feature suggestion, we may act on it without owing you anything.

10. Confidentiality

Each of us will protect the other’s confidential information with at least the care we use for our own, and will not disclose it except to people who need it and are bound to keep it confidential. This does not cover information that is public, already known, independently developed, or lawfully received from someone else. Protected health information is governed by the Business Associate Agreement, not by this section.

11. Warranties and disclaimers

We warrant that we will provide the platform with reasonable skill and care, and in a manner consistent with our obligations under the Business Associate Agreement.

Otherwise the platform is provided “as is.” To the fullest extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

We do not warrant that the software is medically accurate, that a generated note is complete or correct, that message delivery will succeed, that a third‑party service will remain available, or that the platform will be uninterrupted or error‑free. The software is not a substitute for professional medical judgement.

12. Limitation of liability

Neither of us is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if told such damages were possible.

Each party’s total liability arising out of or relating to these Terms is limited to the fees you paid or owed us in the 12 months before the event giving rise to the claim.

These limits do not apply to: your obligation to pay fees; either party’s indemnity obligations below; a party’s breach of its confidentiality obligations; our obligations under the Business Associate Agreement, or liability arising from a breach of protected health information caused by our failure to meet them; or fraud, gross negligence or wilful misconduct. Nothing here limits a liability that cannot be limited under applicable law.

13. Indemnification

We will defend and indemnify you against a third‑party claim that the platform, used as we permit, infringes that party’s intellectual property rights.

You will defend and indemnify us against a third‑party claim arising from: your use of the platform in breach of these Terms or of law; the clinical care you provide or a decision you make; your failure to obtain a patient’s consent to be contacted by text; or data you sent us that you had no right to send.

In each case the indemnified party must give prompt notice, allow the other to control the defence, and cooperate reasonably. Neither may settle a claim in a way that admits fault on the other’s behalf without consent.

14. Third-party services

The platform runs on and integrates with services we do not control, including Google Cloud, Google Vertex AI, Twilio, and Google Business Profile. Their availability, terms and pricing are theirs, and their acts are not ours. We choose them carefully, we require a written agreement where they may handle protected health information — including a business associate agreement where one applies — and we remain responsible to you for our own obligations. Our subprocessors are listed in the Privacy Policy; we will tell you before we add one that will handle protected health information.

15. Changes

We may change the platform, so long as we do not materially reduce the functionality you are paying for during your current term. We may change these Terms by posting an updated version and telling you; a material change takes effect at the start of your next renewal term, or 30 days after notice, whichever is later. If a material change is unacceptable to you, you may terminate before it takes effect and we will refund fees you have paid for the unused remainder of the term.

16. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict‑of‑laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute will be brought exclusively in the state or federal courts located in Bexar County, Texas, and each of us consents to their jurisdiction. Either of us may still seek injunctive relief wherever necessary to protect confidential information or intellectual property.

17. General

Assignment. Neither of us may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all assets, on notice.
Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship, and neither of us may bind the other.
Notices. To us at support@hyperclinic.ai; to you at the administrative contact on your account. Notice is effective when sent, if no delivery failure is received.
Force majeure. Neither of us is liable for a delay caused by something genuinely outside our reasonable control. This does not excuse a failure to pay, or any obligation under the Business Associate Agreement.
Severability and waiver. If a provision is unenforceable, the rest stands. A right not exercised is not waived.
Entire agreement. These Terms, the Business Associate Agreement, the Privacy Policy and your order form are the whole agreement between us on this subject, and replace anything said before it.
Survival. Sections 8 to 13, 16 and 17 survive termination.

18. Contact us

HyperClinic AI LLC
A Texas limited liability company

Email: support@hyperclinic.ai
Phone: (726) 253‑1503
Web: hyperclinic.ai

Patients: these Terms are between HyperClinic and your medical practice. For questions about your own care or your medical records, please contact your practice directly.