CommsDr

Terms of Service

Last updated: January 2025

Agreement to Terms

By accessing or using CommsDr's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms apply to all users of the platform, including healthcare providers and their patients.

Description of Services

CommsDr provides a HIPAA-compliant SMS messaging platform for healthcare providers to communicate with their patients. Our services include appointment reminders, follow-up care messages, two-way patient communication, and related healthcare messaging features.

Eligibility

Our services are intended for use by licensed healthcare providers and their authorized staff. By using our services, you represent that you are a healthcare provider or are authorized to act on behalf of a healthcare provider and have the authority to enter into these terms.

Account Responsibilities

As a user of our services, you agree to:

  • Provide accurate and complete information when creating an account
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account
  • Comply with all applicable laws and regulations, including HIPAA

Acceptable Use

You agree not to use our services to:

  • Send unsolicited or spam messages
  • Transmit content that is unlawful, harmful, or offensive
  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Attempt to gain unauthorized access to our systems
  • Send messages without proper patient consent
  • Use the platform for non-healthcare-related marketing

Patient Consent and SMS Communications

Healthcare providers using our platform are responsible for obtaining proper consent from patients before sending SMS messages. Patients must be informed that message and data rates may apply and that they can opt out at any time by replying STOP. Healthcare providers must maintain records of patient consent as required by applicable regulations.

HIPAA Compliance

CommsDr operates as a Business Associate under HIPAA. We will enter into a Business Associate Agreement (BAA) with covered entities as required by law. Healthcare providers remain responsible for their own HIPAA compliance obligations and for ensuring that their use of our services complies with applicable privacy and security requirements.

Fees and Payment

Use of our services may be subject to fees as outlined in your service agreement. We reserve the right to change our pricing with reasonable notice. You are responsible for all charges incurred under your account.

Intellectual Property

The CommsDr platform, including its design, features, and content, is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our platform without our express written permission.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES SENT THROUGH OUR PLATFORM.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMSDR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless CommsDr and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of our services, your violation of these terms, or your violation of any rights of another party.

Termination

We may suspend or terminate your access to our services at any time for any reason, including violation of these terms. You may terminate your account at any time by contacting us. Upon termination, your right to use our services will immediately cease.

Changes to Terms

We may modify these Terms of Service at any time. We will provide notice of material changes by posting the updated terms on our website. Your continued use of our services after such changes constitutes your acceptance of the new terms.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state in which CommsDr is incorporated, without regard to conflict of law principles.

Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: contact@commsdr.com