1. Introduction
Welcome to TMS Marketing Solutions, LLC (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our software application (“App”) and services (“Services”). By accessing or using our App and Services, you (“Client,” “you,” or “your”) agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our App or Services.
2. Definitions
a. App Access: The right granted to you to use our software application under a subscription agreement, including access to lead generation tools, communication features, and data export functionalities as per the contractual terms.
b. Client: A TMS-medical professional or entity that enters into an agreement with the Company to use the App for lead generation and patient communication. This term includes all legal or natural persons involved in the agreement, with joint and several obligations.
c. Data Export Rights: Your right to export patient data from the App during the active term of the Agreement. This right ceases upon termination or cancellation of services, unless outstanding payments are resolved.
d. Issue Reporting: Your obligation to report any system-related issues through designated channels, such as Slack or an online ticket system, for timely resolution.
e. Patient Data: Information related to potential patients, including but not limited to names, phone numbers, email addresses, and health-related information, generated from our advertising services.
f. Potential Patients: Individuals identified as prospective clients for TMS-medical professionals through our Services. These individuals have either expressed interest in or have been targeted based on criteria suggesting a potential need for TMS-related medical services. This term encompasses those whose names, contact information, and relevant health-related information are collected and managed within the App for lead generation and communication by Clients.
g. Services: The software application and platform we provide, which includes lead generation tools, facilitation of communication between Clients and potential patients, data export functionalities, and any other related services offered through our web interface, portals, and APIs.
h. Sources: Various online and publicly accessible data sources utilized for lead generation purposes. These may include, but are not limited to, company websites, news portals, blogs, forums, social networks, and public databases like commercial registers and consumer portals.
i. Subscription Models: Defined plans offered by the Company, including but not limited to 6-month and 1-month agreements, determining the duration and scope of access to the App and Services.
j. User: Any natural person(s) registered to use the Services, either by self-registration as a Client or by being authorized by a Client. Users in this context primarily include TMS-medical professionals who utilize the App and Services for lead generation and patient communication.
3. App Access and Subscription
a. Subscription Agreement: Access to our App is granted under a subscription agreement, the terms of which are defined in your specific Subscription Model.
b. Subscription Models: We offer various Subscription Models, including but not limited to 6-month and 1-month agreements. The chosen model determines the duration and scope of your access to the App and Services.
c. Renewal and Termination: Subscription renewals and termination procedures are outlined in your subscription agreement. Failure to comply with payment terms may result in suspension or termination of App access.
4. Use of Services
- With Third-Party Service Providers: We work with HIPAA-compliant vendors (e.g., CRM platforms, email communication services) to support our operations.
- With Healthcare Providers: If you are a patient seeking information on mental health treatments, we may securely share your data with authorized clinics.
- For Legal Reasons: If required by law or to protect our rights, safety, or the safety of others. All third-party partners are required to maintain strict confidentiality and comply with HIPAA and data protection laws.
5. Data Security & Retention
a. Compliance: You agree to use the App and Services in compliance with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA).
b. User Responsibilities: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
c. Prohibited Actions: You agree not to:
- Use the App for any unlawful purposes.
- Attempt to gain unauthorized access to any part of the App or its related systems.
- Transmit any malicious code or viruses.
6. Issue Reporting and Support
a. Issue Reporting: You are obligated to report any system-related issues through designated channels, such as Slack or our online ticket system, to ensure timely resolution.
b. Support Services: We provide support services as outlined in your subscription agreement. Support channels may include email, phone support, and online resources.
7. Intellectual Property
a. Company IP: All intellectual property rights in the App and Services, including but not limited to software, trademarks, and content, are owned by the Company.
b. License: We grant you a limited, non-exclusive, non-transferable license to use the App and Services during the term of your subscription, solely for your internal business purposes.
c. Restrictions: You may not:
- Copy, modify, or create derivative works of the App.
- Reverse engineer, decompile, or disassemble the App.
- Remove any proprietary notices from the App.
8. Confidentiality
a. Confidential Information: Both parties agree to keep confidential any proprietary information disclosed during the term of the agreement.
b. Exceptions: Confidential information does not include information that is publicly known, independently developed, or lawfully obtained from a third party.
9. Limitation of Liability
a. No Warranty: The App and Services are provided “as is” without any warranties, express or implied.
b. Limitation: In no event shall the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the App or Services.
c. Maximum Liability: The Company’s total liability for any claims arising under these Terms shall not exceed the total fees paid by you to the Company during the 12 months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the App and Services, or your violation of these Terms.
11. Termination
a. By You: You may terminate your subscription in accordance with the terms of your subscription agreement.
b. By Company: We may suspend or terminate your access to the App and Services if you breach these Terms or fail to comply with payment obligations.
c. Effect of Termination: Upon termination, your right to access the App and Services will immediately cease, and you must destroy all copies of the App in your possession
