1. Introduction and Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Versarix (“we,” “us,” or “our”), and the entity or individual registering for or using our services (“Client,” “you,” or “your”).
By accessing or using our website, platform, or deploying our Autonomous Voice Workforce services (collectively, the “Services”), you agree to be bound by these Terms. If you are entering into these Terms on behalf of a clinic, hospital, or other legal entity, you represent that you have the authority to bind such entity to these Terms.
If you do not agree to all of these Terms, do not use our Services.
2. Description of Services
Versarix provides AI-powered voice automation solutions designed specifically for healthcare providers. Our Services include, but are not limited to, the development, deployment, and maintenance of autonomous AI voice agents capable of handling inbound patient calls, scheduling appointments via integration with practice management software, answering frequently asked questions, and conducting outbound patient reactivation calls.
2.1. No Medical Advice Disclaimer: THE SERVICES PROVIDED BY VERSARIX ARE FOR ADMINISTRATIVE AND OPERATIONAL SUPPORT ONLY. THE AI AGENTS ARE NOT MEDICAL PROFESSIONALS. They do not provide medical advice, diagnosis, or treatment. They are not designed to triage medical emergencies. You agree that your practice will maintain clear protocols for handling emergency calls and that the AI agent will be instructed to direct such callers to appropriate emergency services (e.g., 911) or on-call staff. Versarix is not responsible for any medical outcomes resulting from interactions with the AI.
3. Client Obligations and Responsibilities
To ensure the effective and legal operation of the Services, you agree to:
- 3.1. Accurate Information: Provide accurate, current, and complete information regarding your clinic’s operations, hours, booking protocols, and FAQs to train the AI agents effectively.
- 3.2. Compliance with Laws (HIPAA & TCPA): You represent and warrant that your use of the Services complies with all applicable laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and the Telephone Consumer Protection Act (TCPA).
- 3.3. Consent for Outreach: For any outbound calling features employed (e.g., patient recall), you guarantee that you have obtained all necessary consents from patients to receive such communications as required by law. You are solely responsible for maintaining accurate opt-out lists.
- 3.4. Supervision: You are responsible for monitoring the performance of the AI agents and reviewing appointments or data entered by the AI into your systems for accuracy.
4. Fees and Payment
- 4.1. Fees: Services are provided based on the subscription plans, setup fees, and usage rates (e.g., per-minute calling fees) described in your specific service agreement or quote (the “Order Form”).
- 4.2. Payment Terms: Unless otherwise stated in the Order Form, all fees are due upon receipt of invoice. Recurring subscription fees are billed in advance. Usage-based fees are billed in arrears.
- 4.3. Late Payments: We reserve the right to suspend your access to the Services if any amount due is not received by the due date.
5. Data Privacy, Security, and HIPAA Compliance
- 5.1. Business Associate Agreement (BAA): To the extent that Versarix processes Protected Health Information (PHI) on your behalf as defined by HIPAA, both parties agree to enter into a separate Business Associate Agreement (BAA), which shall govern the handling of such PHI. The terms of the BAA shall supersede these Terms in the event of a conflict regarding PHI.
- 5.2. Security Measures: Versarix implements industry-standard administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of your data and patient PHI.
6. Intellectual Property Rights
- 6.1. Versarix Property: We retain all rights, title, and interest in and to our Services, including underlying AI models, technology, software, algorithms, methodologies, and pre-existing intellectual property used to deliver the Services.
- 6.2. Client Data: You retain ownership of all data, patient information, and specific business protocols you provide to us (“Client Data”). You grant Versarix a limited, non-exclusive license to use Client Data solely for the purpose of providing and improving the Services for you.
7. Warranties and Disclaimers
- 7.1. “As Is” Service: EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VERSARIX MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- 7.2. AI Limitations: You acknowledge that AI technology is not infallible. AI agents may occasionally misinterpret information, provide inaccurate responses (hallucinations), or fail to execute a task correctly. While we strive for high accuracy, you accept the inherent risks associated with using cutting-edge AI technology in patient communications.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VERSARIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICE; (II) ANY ERRORS OR INACCURACIES IN THE AI OUTPUT; OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION OR PHI STORED THEREIN.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to defend, indemnify, and hold harmless Versarix, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any claim that your use of the Services caused damage to a third party (including claims related to medical malpractice or TCPA violations).
10. Term and Termination
- 10.1. Term: The initial term of this agreement is specified in your Order Form.
- 10.2. Termination for Cause: Either party may terminate this Agreement immediately upon notice if the other party materially breaches any of these Terms and fails to cure such breach within thirty (30) days of receiving notice.
- 10.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. You are responsible for exporting your Client Data prior to termination.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your State Here, e.g., Delaware], without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Insert City, State] in accordance with the rules of the American Arbitration Association.
12. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice within the Platform. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the Terms.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Versarix AI
2810 N Church St, Suite 206
Wilmington, DE 19802 US
Email: hello@versarix.com
