Terms of Service

1. Acceptance of Terms and Healthcare Use Restrictions

1.1 Agreement

By creating an account, accessing, or using BusyBook (the "Platform"), you ("you" or "Subscriber") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Acceptable Use Policy, and any other policies incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

1.2 Legal Entity

1.3 Healthcare Use Restrictions

The Platform is practice management software designed for health, wellness, and service professionals (including licensed massage therapists, bodyworkers, estheticians, and allied practitioners). The Platform is not a medical device, does not provide medical advice, and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

• The Platform is an administrative and documentation tool, not a clinical decision-support system.
• All clinical decisions, treatment plans, and therapeutic interventions remain your sole professional responsibility.
• SOAP notes, intake forms, and session documentation created through the Platform are your professional records — BusyBook does not validate, review, or audit clinical content.
• The Platform does not replace professional judgment, continuing education, or scope-of-practice requirements imposed by your licensing authority.
• You must not use the Platform to provide care outside your licensed scope of practice.

1.4 Eligibility

To use the Platform, you must: (a) be at least 18 years of age; (b) hold a valid, active license, certification, or credential required to practice your profession; (c) have the legal capacity to enter binding agreements; and (d) not be barred from using the Platform under applicable law.

2. HIPAA Obligations

2.1 Shared Responsibility Model

BusyBook provides tools that support HIPAA-compliant workflows. If you are a HIPAA Covered Entity, you bear primary responsibility for your own HIPAA compliance. BusyBook is your Business Associate, not your compliance officer.

2.2 Your Obligations as a Covered Entity

If you are a HIPAA Covered Entity, by using the Platform you represent and warrant that you will:

• Designate a Privacy Officer responsible for your HIPAA compliance program
• Implement your own HIPAA policies and procedures, including a Notice of Privacy Practices provided to every client
• Obtain all required client consents and authorizations before entering PHI into the Platform
• Train all individuals who access the Platform under your account on HIPAA privacy and security requirements
• Use strong authentication credentials and not share login credentials with unauthorized individuals
• Report any suspected breach of PHI to [email protected] within 24 hours of discovery
• Maintain your own backup copies of critical client records independent of the Platform
• Comply with all applicable federal and state privacy laws

2.3 BusyBook's Role

• Implement administrative, physical, and technical safeguards for PHI
• Restrict access to PHI to authorized personnel on a need-to-know basis
• Report security incidents affecting your PHI as required by law and our BAA
• Provide tools enabling you to manage, export, and delete PHI
• Not use PHI for marketing, analytics, or any purpose beyond providing and maintaining the Platform

2.4 No Compliance Guarantee

BusyBook does not guarantee that your use of the Platform will make you HIPAA-compliant. Compliance depends on your policies, training, practices, and how you configure and use the Platform. You are solely responsible for ensuring your overall compliance posture.

3. Protected Health Information and Business Associate Agreement

3.1 BAA Requirement

If you use the Platform to create, receive, maintain, or transmit PHI — including but not limited to client names, contact information, intake forms, SOAP notes, session records, and billing data linked to health services — you must execute a Business Associate Agreement ("BAA") with BusyBook before entering any PHI into the Platform.

3.2 BAA Execution

BusyBook provides a standard BAA. You may request execution of the BAA by contacting [email protected]. The BAA is incorporated into these Terms by reference once executed.

3.3 PHI Categories

3.4 De-Identified Data

BusyBook may use de-identified data (data from which all HIPAA identifiers have been removed in accordance with 45 CFR Section 164.514) for product improvement, analytics, and aggregated reporting. De-identified data is not PHI and is not subject to the BAA.

3.5 Subprocessors

BusyBook engages third-party subprocessors to provide the Platform. BusyBook ensures each subprocessor that handles PHI is bound by obligations no less protective than those in our BAA.

4. Liability and Health Data Incidents

4.1 General Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUSYBOOK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO BUSYBOOK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

4.2 Exclusion of Consequential Damages

IN NO EVENT SHALL BUSYBOOK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, COST OF SUBSTITUTE SERVICES, OR REPUTATIONAL HARM, REGARDLESS OF THE THEORY OF LIABILITY.

4.3 Health Data Incident Liability Cap

For claims arising from a Qualifying Health Data Incident — defined as a breach of unsecured PHI caused solely and directly by BusyBook's material failure to implement the safeguards described in the BAA — BusyBook's total aggregate liability shall not exceed the greater of: (a) the total fees you paid to BusyBook during the preceding 24 months; or (b) $5,000.

This elevated cap applies only when: (i) the incident resulted from BusyBook's failure (not your misconfiguration or credential sharing); (ii) you provided timely notice within 72 hours of discovery; (iii) you cooperated with investigation and remediation; and (iv) you mitigated damages to the extent reasonably practicable.

4.4 Exclusions from Liability Caps

The liability caps in Sections 4.1 and 4.3 do not apply to: your indemnification obligations under Section 10; your breach of Section 2 (HIPAA Obligations); claims arising from willful misconduct or gross negligence; and obligations that cannot be limited under applicable law.

4.5 Mutual Acknowledgment

You acknowledge that the fees charged by BusyBook reflect the allocation of risk set forth in this Section 4, and that BusyBook would not enter into these Terms without these limitations.

5. Telehealth and State Licensing Requirements

5.1 Telehealth Features

The Platform may include features that facilitate remote client interactions, including virtual consultations, remote intake, online scheduling, and electronic communication with clients. BusyBook does not provide telehealth services — the Platform provides tools that you may use in connection with telehealth services you deliver.

5.2 State Licensing Compliance

You are solely responsible for ensuring that your use of Telehealth Features complies with the licensing and regulatory requirements of each jurisdiction in which you are licensed and in which your clients are located, including:

• Holding a valid license in the state where the client is physically located at the time of service
• Understanding scope-of-practice limitations for telehealth in each state
• Obtaining informed consent for telehealth services as required by state law
• Maintaining the same standard of care as in-person services
• Documenting telehealth sessions with the same rigor as in-person sessions
• Complying with state-specific telehealth registration or notification requirements

5.3 Multi-State Practice

If you provide services to clients in multiple states, you must independently verify the telehealth regulations in each state. BusyBook does not monitor, validate, or enforce state licensing requirements.

5.4 BusyBook Disclaimer

BusyBook makes no representation that the Platform's Telehealth Features comply with the telehealth laws of any particular jurisdiction. Regulatory requirements vary by state and change frequently. You should consult with a licensed attorney in each jurisdiction where you practice.

6. Subscription, Billing, and Payment Terms

6.1 Subscription Plans

BusyBook offers subscription-based access to the Platform. Available plans, features, and pricing are described on our website and within the Platform.

6.2 Billing Cycle

• Subscription fees are billed in advance on a monthly or annual basis
• Your billing cycle begins on the date you subscribe and renews automatically
• If you upgrade your plan mid-cycle, the prorated difference will be charged immediately; downgrades take effect at the next billing cycle

6.3 Payment Methods

You must provide a valid payment method and authorize BusyBook to charge your payment method for all fees due. If a payment fails, we will notify you and may suspend access after a 7-day grace period.

6.4 Price Changes

We may change subscription pricing with at least thirty (30) days' advance written notice. Price changes take effect at the start of your next billing cycle after the notice period.

6.5 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies imposed by taxing authorities on your subscription, excluding taxes based on BusyBook's net income.

6.6 Refunds

Subscription fees are generally non-refundable. However: (a) if you cancel within the first fourteen (14) days of your initial subscription, you may request a full refund; (b) BusyBook may provide credits or refunds for service outages exceeding 24 consecutive hours; and (c) refunds required by applicable law will be honored.

6.7 Suspension for Non-Payment

If your account is past due for more than fourteen (14) days, BusyBook may suspend your access. Continued non-payment for more than sixty (60) days may result in account termination.

7. Data Export and Account Termination

7.1 Your Right to Export

You may export your data at any time during your active subscription through the Platform's built-in export functionality in standard, machine-readable formats (CSV, JSON, PDF).

7.2 HIPAA Data Portability

Upon termination or expiration of your subscription, BusyBook will make your data available for export for a period of sixty (60) days following the effective date of termination (the "Export Window"). During the Export Window, you will have read-only access for the sole purpose of exporting your data.

7.3 Data Deletion After Termination

After the Export Window closes: BusyBook will delete your PHI from active systems within thirty (30) days; PHI in backup systems will be deleted within ninety (90) days; BusyBook may retain de-identified, aggregated data indefinitely; and specific records required by law or regulation will continue to be protected in accordance with the BAA.

7.4 Termination by You

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period.

7.5 Termination by BusyBook

BusyBook may suspend or terminate your account: (a) immediately, if you materially breach these Terms; (b) with thirty (30) days' notice, for any reason or no reason; or (c) immediately, if required by law. In all cases, you will have access to the Export Window, except where prohibited by law.

7.6 Survival

Sections 2 (HIPAA Obligations), 3 (PHI and BAA), 4 (Liability), 8 (AI Disclosure), 9 (Governing Law), 10 (Indemnification), and 11 (General Provisions) survive termination of these Terms.

8. AI Features and Disclosure

8.1 AI-Assisted Features

The Platform includes features powered by artificial intelligence and large language models ("AI Features"), including AI-generated SOAP note suggestions and session summaries, AI-assisted client communication drafting, AI-generated therapeutic content recommendations, and natural language chat assistance for administrative tasks.

8.2 AI Disclosure and Transparency

• AI Features use third-party language models. BusyBook maintains BAAs or equivalent data protection agreements with AI subprocessors where PHI may be transmitted.
• AI outputs are suggestions, not clinical advice. All AI-generated content is provided as a starting point. You must review, edit, and approve all AI outputs before using them in clinical documentation or client communications.
• You are responsible for AI-generated content you adopt. Once you accept, edit, or send AI-generated content, it becomes your professional work product.
• AI Features may produce inaccurate outputs. You must apply your professional judgment before relying on any AI output.
• Client disclosure may be required. Some jurisdictions may require you to disclose the use of AI tools in clinical documentation. You are solely responsible for determining and meeting any such obligations.

8.3 Data Use in AI Features

• When you use AI Features, the inputs you provide may be transmitted to third-party AI service providers for processing
• BusyBook contractually prohibits AI subprocessors from using your inputs to train their models
• BusyBook does not use your PHI to train, fine-tune, or improve AI models without your explicit, separate written consent
• You may disable AI Features at any time through Platform settings

8.4 AI Limitations

AI Features are not a substitute for professional training, clinical judgment, or legal advice. BusyBook makes no warranty regarding the accuracy, completeness, or fitness for purpose of AI-generated outputs.

8.5 AI Model Training

BusyBook may offer you the option to contribute anonymized, de-identified practice data toward improving BusyBook's own AI models. This is entirely optional and controlled via an opt-in setting in your account. By enabling this setting, you grant BusyBook a non-exclusive, royalty-free license to use de-identified versions of your practice data for training and improving AI models. You may revoke this consent at any time. Data that has already been incorporated into trained models cannot be individually extracted or deleted. See our Privacy Policy for full details on the de-identification process.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to conflict-of-law principles, and applicable federal laws including HIPAA. You acknowledge that BusyBook is organized under the laws of the State of New Mexico.

9.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved as follows:

• Informal Resolution: You must contact BusyBook at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days
• Binding Arbitration: If informal resolution fails, the dispute shall be resolved by binding arbitration under AAA Commercial Arbitration Rules in Albuquerque, New Mexico
• Small Claims Exception: Either party may bring qualifying claims in small claims court
• Injunctive Relief: Nothing prevents either party from seeking injunctive relief to protect intellectual property or prevent irreparable harm

9.3 Class Action Waiver

YOU AND BUSYBOOK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

9.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND BUSYBOOK EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS.

10. Indemnification

10.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless BusyBook, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform, including any PHI you enter, store, or transmit
• Your breach of these Terms or any applicable law or regulation
• Your failure to comply with HIPAA or applicable state health privacy laws
• Your violation of any third-party rights, including client privacy rights
• Your provision of telehealth services through or in connection with the Platform
• Your use of AI-generated content in clinical documentation, client communications, or any other professional context
• Any claim by a client, regulatory authority, or third party arising from your professional services

10.2 Indemnification Process

BusyBook will provide you with prompt written notice of any claim subject to indemnification and reasonable cooperation in the defense. You may not settle any claim without BusyBook's prior written consent if the settlement would impose obligations on BusyBook.

11. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, BAA (once executed), Acceptable Use Policy, and any order forms, constitute the entire agreement
• Severability: If any provision is held invalid, the remaining provisions continue in full force and effect
• Waiver: BusyBook's failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign without consent; BusyBook may assign in connection with a merger, acquisition, or sale of assets
• Notices: Notices to BusyBook must be sent to [email protected]; notices to you will be sent to your account email
• Force Majeure: Not liable for failure due to circumstances beyond reasonable control
• Intellectual Property: BusyBook content and marks are owned by BusyBook Ltd. Co. You receive a limited, non-exclusive, non-transferable, revocable license during your active subscription
• Third-Party Services: The Platform integrates with third-party services; your use of those services is subject to their respective terms
• Modifications: We will provide at least 30 days' notice of material changes; continued use constitutes acceptance
• Accessibility: Contact [email protected] for accessibility concerns

12. Contact Information