Terms of Service

01Who we are

Praxio LLC, a limited liability company doing business as SmoothScale HealthOS ("SmoothScale," "we," "us," or "our"), provides business operations software and related services for behavioral health practices through www.smoothscalehealthos.com (the "Site") and the services we provide (the "Services").

These Terms of Service ("Terms") govern your use of the Site and the Services, including any text message (SMS) program you choose to join. By using the Site, submitting a form, or opting in to text messages, you agree to these Terms. If you do not agree, do not use the Site or the Services.

Legal entity: Praxio LLC, a limited liability company
Doing business as: SmoothScale HealthOS
Website: www.smoothscalehealthos.com
Contact: [email protected]

02Use of the Site and Services

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, state, or local law;
• Submit false, misleading, or unauthorized information through any form;
• Attempt to gain unauthorized access to our systems or interfere with the Site's operation;
• Use the Site to transmit unsolicited commercial messages or harvest contact information.

No protected health information through the Site. The Site is a business marketing and scheduling website. It is not a HIPAA-covered portal and is not intended for the submission of protected health information. Do not enter patient names, diagnoses, treatment details, or other patient information into any form on this Site. Use a Business Associate Agreement and our designated secure channel for any patient data.

03SMS text messaging program

This section describes the text message program operated by SmoothScale HealthOS. It applies to every person who opts in to receive text messages from us.

Program name and description

Program: SmoothScale HealthOS Messaging. We send text messages to businesses and individuals who have requested information about our Services, booked a discovery call, or asked to receive updates from us.

Types of messages we send

• Responses to your inquiry, including scheduling and follow-up about a discovery call you requested;
• Appointment confirmations, reminders, and rescheduling notices;
• Account, onboarding, and service notifications;
• Product updates and informational content about our Services;
• Promotional and marketing messages, but only if you have opted in to receive them.

How you opt in

You opt in by entering your mobile number in a form on our Site and checking the SMS consent checkbox, which is unchecked by default. We do not send marketing text messages to anyone who has not opted in. Providing a phone number is never a condition of purchasing any product or service from us, and you may book a call or contact us without agreeing to receive text messages.

Message frequency and cost

Message frequency varies based on your interaction with us and typically does not exceed 4 messages per month. Message and data rates may apply for each message sent to or received from us, according to your mobile carrier and plan. SmoothScale HealthOS does not charge you for text messages, but your carrier's standard messaging rates apply.

How to opt out

Reply STOP to any text message from us to cancel. You will receive one final confirmation message confirming your opt-out, and no further text messages unless you opt in again. You may also opt out by emailing [email protected].

How to get help

Reply HELP to any text message from us for assistance, or contact us at [email protected].

Carrier liability

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and is not guaranteed. Supported carriers may change without notice.

Your consent is not shared

We do not sell, rent, or share your mobile phone number or your SMS opt-in and consent data with third parties or affiliates for their own marketing or promotional purposes. This excludes text messaging originator opt-in data and consent, which will not be shared with any third parties.

Privacy

Our handling of your information, including mobile information, is described in our Privacy Policy, which is incorporated into these Terms by reference.

04Fees, billing, and subscriptions

Paid Services are billed according to the pricing presented to you at the time of purchase or in a written order form or statement of work. Unless stated otherwise, fees are quoted in U.S. dollars, are exclusive of taxes, and are payable in advance. Subscriptions renew automatically for the term stated at purchase unless cancelled before the renewal date. Late or disputed amounts may result in suspension of the Services.

05Cancellation and refunds

You may cancel a subscription at any time by contacting [email protected]. Cancellation stops future renewals; it does not retroactively refund fees already paid for a billing period that has begun, except where required by law or expressly stated in a written agreement. Setup, implementation, and onboarding fees are non-refundable once work has begun.

06Intellectual property

The Site and the Services, including all software, content, text, graphics, logos, and the design and arrangement of the Site, are owned by SmoothScale HealthOS or its licensors and are protected by United States and international intellectual property laws. You receive a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during your subscription term. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Services except as permitted by law.

You retain ownership of the data you submit to the Services. You grant us a limited license to use that data to provide, support, and improve the Services, consistent with our Privacy Policy.

07Third-party services

The Services may integrate with third-party platforms, including electronic health record systems, scheduling tools, and communication providers. Your use of those platforms is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

08Disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error free, or that any result, revenue outcome, or savings figure described on the Site will be achieved. Results described on the Site reflect actual client implementations and individual results may vary.

The Services do not provide clinical, medical, legal, or financial advice, and nothing on the Site constitutes such advice. You are responsible for compliance with the laws and regulations that apply to your practice, including those governing patient communications and consent.

09Limitation of liability

To the maximum extent permitted by law, SmoothScale HealthOS and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or the Services. Our total aggregate liability for any claim arising out of or relating to these Terms will not exceed the amount you paid us in the twelve months preceding the event giving rise to the claim.

10Indemnification

You agree to indemnify and hold harmless SmoothScale HealthOS and its officers, employees, and agents from any claim, damage, or expense (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.

11Governing law and disputes

These Terms are governed by the laws of the State of [STATE], without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you consent to their jurisdiction.

12Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Material changes will be communicated by email or by notice on the Site before they take effect. Your continued use of the Site or the Services after an update means you accept the revised Terms.

13Contact us

Questions about these Terms, our SMS program, or your opt-in status:

SmoothScale HealthOS
Email: [email protected]
Privacy matters: [email protected]
Website: www.smoothscalehealthos.com