Terms of Service

These Terms of Service (“Terms”) govern access to and use of the VisitConfirmed platform and related services (the “Services”) operated by VisitConfirmed (“VisitConfirmed,” “we,” “us,” or “our”).

By creating an account, executing an Order Form, or using the Services, you (“Customer,” “Provider,” or “you”) agree to be bound by these Terms.

1. Description of Services

VisitConfirmed provides a cloud-based software platform that enables healthcare providers to send appointment confirmations, reminders, and related communications via SMS, email, and voice calls to patients.

VisitConfirmed:

• Is not a healthcare provider
• Does not provide medical advice or treatment
• Does not control clinical decisions
• Acts solely as a technology service provider

The Services are provided to healthcare organizations and professionals for business purposes.

2. Eligibility and Account Registration

You represent and warrant that:

• You are a legally formed entity or licensed healthcare provider
• You have authority to bind your organization
• Information provided during registration is accurate and complete
• You will maintain the confidentiality of account credentials

You are responsible for all activity under your account.

3. Customer Responsibilities

You are solely responsible for:

• Obtaining all legally required consents from patients
• Complying with HIPAA, TCPA, CAN-SPAM, state privacy laws, and other applicable regulations
• Ensuring communications sent through the platform are lawful
• Maintaining accurate patient contact information
• Managing opt-outs and communication preferences

VisitConfirmed does not independently verify patient consent.

4. SMS, Voice, and Email Communications

4.1 Provider Responsibility for Consent

You represent and warrant that, prior to enrolling any patient in SMS or voice communications through the Services, you have obtained:

• Prior express consent (or prior express written consent, where required)
• All disclosures required under the Telephone Consumer Protection Act (TCPA)
• Any disclosures required under applicable state law
• Any required HIPAA authorizations

You agree to maintain records of such consent and provide them upon lawful request.

4.2 SMS Communications

By providing a phone number through a participating healthcare provider, you consent to receive appointment-related SMS messages from VisitConfirmed. Message frequency varies.

Message and data rates may apply. Reply STOP to cancel, HELP for help. Carriers are not liable for delayed or undelivered messages.

VisitConfirmed facilitates the delivery of appointment-related SMS messages on behalf of healthcare providers.

Patients may receive SMS messages after:

• Texting a designated service number directly; or
• Being enrolled by their healthcare provider during appointment scheduling, registration, or intake.

Message frequency varies depending on appointment activity. Message and data rates may apply.

Patients may opt out at any time by replying STOP, which will immediately prevent further SMS messages from that messaging campaign unless the patient subsequently re-enrolls. Patients may reply HELP for assistance or contact their healthcare provider directly.

VisitConfirmed:

• Does not initiate SMS campaigns independently
• Sends messages solely at the direction of the Provider
• Automatically honors STOP requests and maintains required suppression lists
• May suspend messaging that violates carrier rules or applicable law

Providers are solely responsible for:

• Obtaining legally required consent prior to enrollment
• Providing proper opt-in disclosures
• Ensuring 10DLC registration accuracy (where applicable)
• Ensuring message content complies with carrier and regulatory requirements

VisitConfirmed does not guarantee message delivery, as delivery is dependent on carrier networks and third-party providers.

4.3 Voice Communications

Where enabled, automated voice reminders may be delivered using automated dialing systems. You are responsible for ensuring compliance with all laws governing automated calls, prerecorded messages, and patient outreach communications.

4.4 Email Communications

Email reminders are sent on your behalf. You are responsible for ensuring compliance with CAN-SPAM, state email laws, and applicable healthcare privacy regulations. Patients may manage email preferences through mechanisms provided in the communication or by contacting their provider.

5. HIPAA and Protected Health Information

To the extent VisitConfirmed creates, receives, maintains, or transmits Protected Health Information (PHI) on your behalf, the parties may enter into a separate Business Associate Agreement (“BAA”).

VisitConfirmed implements administrative, physical, and technical safeguards designed to protect PHI, but does not guarantee that unauthorized access will never occur.

You acknowledge that:

• VisitConfirmed acts as a Business Associate when applicable
• You remain the Covered Entity responsible for HIPAA compliance

6. Data Ownership

As between the parties:

• You retain ownership of all patient and provider data submitted to the Services (“Customer Data”).
• VisitConfirmed retains ownership of the platform, software, and aggregated, de-identified analytics.

VisitConfirmed may use aggregated and de-identified data to improve service performance, analyze usage trends, and develop new features. VisitConfirmed does not sell Customer Data.

7. Data Security

VisitConfirmed implements reasonable and appropriate security measures, including:

• Encryption in transit
• Access controls
• Role-based permissions
• Secure cloud hosting
• Logging and monitoring

However, no system is completely secure, and VisitConfirmed does not warrant that the Services are immune from all security threats.

8. Acceptable Use

You may not use the Services to:

• Send marketing messages without proper consent
• Transmit unlawful, harassing, or misleading communications
• Send emergency or time-critical communications
• Circumvent opt-out mechanisms
• Violate carrier or messaging provider rules

VisitConfirmed may suspend accounts for violations.

9. Fees and Payment

Fees are set forth in your Order Form or subscription agreement. Failure to pay may result in suspension or termination of Services. All fees are non-refundable unless otherwise stated.

10. Term and Termination

These Terms remain in effect while you use the Services. Either party may terminate for material breach, if required by law, or upon non-payment.

Upon termination:

• Access to the platform will be revoked
• Data may be retained for a limited period in accordance with law and policy
• Certain provisions survive termination

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

VisitConfirmed disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

VisitConfirmed does not guarantee message delivery, carrier acceptance, or network availability.

12. Limitation of Liability

To the maximum extent permitted by law, VisitConfirmed’s total liability arising out of or related to the Services shall not exceed the total fees paid by Customer in the twelve (12) months preceding the claim.

VisitConfirmed shall not be liable for indirect, incidental, or consequential damages, lost profits or revenue, regulatory fines resulting from Customer non-compliance, carrier filtering or blocking, or third-party service outages.

13. Indemnification

You agree to indemnify and hold VisitConfirmed harmless from claims arising out of failure to obtain proper patient consent, violation of TCPA, HIPAA, or other regulations, unlawful messaging content, or misuse of the platform.

14. Governing Law

These Terms are governed by the laws of the State of Maine, without regard to conflict-of-law principles.

15. Changes to Terms

We may update these Terms periodically. Continued use of the Services after changes constitutes acceptance of the updated Terms.

16. Contact Information

Visit Confirmed, Inc. #1010
8 Gurnet Rd, Suite 7
Brunswick, ME 04011
United States

Email: legal@visitconfirmed.com
Website: https://visitconfirmed.com