These Terms of Service ("Terms") govern your access to and use of the Funnel Cake MD platform, website, mobile applications, and related services (collectively, the "Services") operated by Funnel Cake MD ("we," "our," or "us"). By accessing or using the Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Funnel Cake MD provides a healthcare practice management and marketing platform that includes CRM, communication tools, automation workflows, AI-powered features, local SEO services, website building, reputation management, and related tools. Service tiers and features vary by subscription plan as described on our pricing page.

3. Account Registration

To use the Services, you must create an account with accurate and complete information. 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 of any unauthorized use.

4. Subscription and Billing

Access to the Services requires a paid subscription. By subscribing, you agree to the following:

• Subscription fees are billed monthly in advance at the rate specified for your selected plan
• One-time activation fees are due at the commencement of service
• Certain plans require a minimum commitment period (3 or 6 months, as specified)
• Subscription renews automatically unless cancelled before the renewal date
• We reserve the right to change pricing with 30 days' notice
• Refunds are handled on a case-by-case basis; activation fees are non-refundable

5. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations, including healthcare regulations. You shall not:

• Use the Services to send spam, unsolicited communications, or misleading content
• Transmit malicious code, viruses, or any harmful material
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Services in any manner that could damage, disable, or impair our infrastructure
• Violate any applicable healthcare regulations, including HIPAA
• Resell or redistribute access to the Services without authorization

6. HIPAA and Compliance

Funnel Cake MD is designed to support HIPAA-compliant operations for healthcare providers. We will enter into a Business Associate Agreement (BAA) with covered entities as required. You are responsible for ensuring your use of the Services complies with all applicable healthcare regulations and for obtaining necessary patient consents.

7. Intellectual Property

All content, features, and functionality of the Services, including but not limited to software, design, text, graphics, and trademarks, are owned by Funnel Cake MD and protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Funnel Cake MD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use the Services. Our total liability for any claim arising from these Terms shall not exceed the fees paid by you in the twelve months preceding the claim.

9. Termination

Either party may terminate these Terms by providing written notice. We may suspend or terminate your access immediately if you violate these Terms or engage in conduct that we reasonably believe is harmful to our Services or other users. Upon termination, your right to access the Services ceases immediately. We will make your data available for export for 30 days following termination.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration or in the courts located in Texas.

11. Contact

For questions about these Terms of Service, please contact us:

Funnel Cake MD
Email: [email protected]
Website: funnelcakemd.ai