Terms of Service

Agreement to Terms

By using Recura AI, Inc.'s SMS messaging services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services. These Terms apply to all users of Recura AI, Inc.'s SMS messaging platform, including clinics and their patients or clients.

Description of Services

Recura AI, Inc. provides SMS messaging services on behalf of clinics. We facilitate the sending and receiving of SMS messages between clinics and their patients or clients, including but not limited to appointment confirmations, appointment reminders, and customer-care follow-ups. Recura AI, Inc. acts as a messaging provider and platform operator, enabling clinics to communicate with their patients and clients via SMS.

SMS Program

The SMS program supports appointment and customer-care messages sent on behalf of businesses that use Recura AI, Inc.'s messaging services. Message frequency varies. Message and data rates may apply. Reply STOP at any time to unsubscribe from future messages, and reply HELP for help. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your information.

Clinic Responsibilities

Clinics that use Recura AI, Inc.'s SMS messaging services are responsible for:

• Obtaining Valid Consent: Clinics must obtain and maintain valid, documented consent from patients or clients before sending SMS messages. Clients opt in by texting the business's published phone number first or by giving verbal consent during a phone call with the receptionist. After opting in, users receive a confirmation reply stating that they are subscribed to recurring SMS updates, that message frequency varies, that message and data rates may apply, and that they may reply HELP for help or STOP to cancel.
• Retaining Consent Records: Clinics are responsible for retaining records of consent in accordance with applicable laws and regulations. Clinics must provide evidence of consent upon request.
• Compliance with Laws: Clinics must comply with all applicable laws and regulations governing SMS messaging, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state-specific regulations.
• Message Content: Clinics are responsible for the content of messages sent through Recura AI, Inc.'s platform and must ensure that messages comply with applicable laws and do not contain prohibited content.
• Opt-Out Handling: Clinics must honor opt-out requests promptly, including requests made by replying STOP, and ensure that opt-out requests are processed in accordance with applicable laws.

User Responsibilities

Users (patients or clients) who receive SMS messages through Recura AI, Inc.'s platform are responsible for:

• Providing accurate contact information, including a valid phone number
• Notifying the clinic or Recura AI, Inc. of any changes to contact information
• Complying with these Terms and applicable laws when using our services

Service Availability and Limitations

Recura AI, Inc. strives to provide reliable SMS messaging services but does not guarantee uninterrupted or error-free service. Service availability may be affected by factors outside of Recura AI, Inc.'s control, including carrier network issues, device compatibility, or technical problems. Recura AI, Inc. is not responsible for messages that are delayed, lost, or not delivered due to such factors. Carriers are not liable for delayed or undelivered messages.

Suspension and Termination

Recura AI, Inc. reserves the right to suspend or terminate messaging services, in whole or in part, for any clinic or user that violates these Terms or applicable laws. Messaging may be suspended immediately, without prior notice, in cases of:

• Violation of SMS messaging regulations or laws
• Failure to obtain or maintain valid consent
• Sending prohibited or illegal content
• Abuse of the messaging platform or services
• Non-payment of fees (for clinics)
• Any other violation of these Terms

Recura AI, Inc. may also suspend services temporarily for maintenance, security, or technical reasons. We will make reasonable efforts to provide advance notice of planned maintenance when possible.

Intellectual Property

The Recura AI, Inc. platform, including its software, technology, and services, is protected by intellectual property laws. Clinics retain ownership of their message content and patient data. Recura AI, Inc. retains ownership of its platform, technology, and any improvements or modifications thereto.

Limitation of Liability

To the maximum extent permitted by law, Recura AI, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

Indemnification

Clinics agree to indemnify, defend, and hold harmless Recura AI, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the clinic's use of Recura AI, Inc.'s services, violation of these Terms, or violation of applicable laws.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration or in a court of competent jurisdiction in New York, NY.

Changes to Terms

Recura AI, Inc. reserves the right to modify these Terms at any time. We will notify clinics of any material changes by posting the updated Terms on our website and updating the "Effective Date" at the top of this document. Continued use of our services after such changes constitutes acceptance of the updated Terms.

Contact Information

If you have questions about these Terms of Service, please contact Recura AI, Inc. directly or contact the clinic with which you have a relationship: