1. Who This Agreement Applies To
This End User License Agreement (“EULA” or “Agreement”) is between SendVyte, LLC ("SendVyte") and the individual person ("you" or "User") accessing or using the SendVyte software (“Software” or “the Software”). SendVyte, LLC is a Georgia limited liability company (the “Licensor”), that contracts with your employer, healthcare practice, or other organization (“Customer” or “Practice”). Your Practice subscribes to SendVyte for software access services. Your right to use SendVyte exists only while you are authorized by the Practice and the Practice maintains the applicable subscription. This EULA is a binding contract by and between us and you, as the party who accepts this EULA (the “End User” or “you”). Through this EULA you and the Licensor may each be referred to as the “Party” or “Parties”. The Practice’s Order Form, Terms of Service or Master Services Agreement, Business Associate Agreement (“BAA”), and Data Access Authorization govern the Practice’s relationship with SendVyte. If those agreements conflict with this EULA regarding Practice Data, Protected Health Information (“PHI”), subscription rights, or commercial terms, the Practice agreement controls.
2. License
Subject to this EULA and the Practice’s active subscription, SendVyte grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Software solely for authorized Practice business purposes. You receive no ownership interest in the Software.
3. Account and Access Security
Use only the credentials, PIN, code, device, or workstation access assigned or approved for your role;
Keep your End User Account and your password secure;
Do not share personal credentials or administrator credentials with unauthorized persons;
You are licensing the Software for your end use (internal use purpose) only and not for resale or redistribution;
If a SendVyte feature is designed for shared-workstation access, follow Practice policy and SendVyte’s on-screen privacy, lock, logout, or user-identification procedures;
Protect devices and sessions from unauthorized viewing or access and log out or lock a workstation when appropriate;
Immediately report suspected credential compromise, unauthorized access, or misdirected PHI to the Practice administrator or SendVyte support; and
Do not attempt to access another Practice’s tenant, records, or functionality.
4. Permitted Use and Patient Information
You may access patient or Practice information only to the extent authorized by your Practice and reasonably necessary for your assigned job responsibilities. You must follow your Practice’s privacy, HIPAA, security, record-handling, and communication policies. SendVyte does not independently determine your workforce authorization or clinical scope.
4A. SVAlert Staff Chat and PHI
SendVyte expressly designates SVAlert Staff Chat as a PHI-capable feature for authorized internal Practice workforce communications. You may use Staff Chat for patient-related communications only as authorized by the Practice and consistent with Practice policy, the BAA, and applicable law. Staff Chat is a practice-wide internal channel for authorized users and does not presently provide private direct messaging. Do not enter PHI into other SVAlert room-alert, status-board, acknowledgement, or workflow fields unless SendVyte expressly designates that functionality as PHI-capable. Follow on-screen privacy measures and Practice workstation-security procedures when using Staff Chat on shared devices.
5. AI-Assisted Features
AI features may generate drafts, summaries, suggested responses, classifications, transcriptions, or other outputs. AI output can contain errors, omissions, or inappropriate language. You must review output before relying on it or sending it where review is part of the workflow.
If you use SummaryDocs or another clinical-documentation feature, a qualified clinician must review, verify, edit as appropriate, and approve the draft before it is signed, finalized, relied upon for patient care, or incorporated into a patient record. You must not represent unreviewed AI output as a clinician-approved medical or dental record.
6. AI Receptionist and Alerts
The SendVyte AI receptionist and related notification features are administrative communication tools. They do not diagnose, provide medical advice, or independently determine clinical urgency. You must follow Practice protocols for reviewing calls, messages, escalations, and notifications. Do not rely on SendVyte as the sole emergency or on-call notification mechanism.
7. Messaging and Communications
When you send a message through SendVyte, you are acting on behalf of the Practice. Use only appropriate recipients and approved communication purposes. Do not override opt-outs, send unlawful marketing, disclose information to an unintended recipient, or include unnecessary sensitive information. Follow Practice policies concerning SMS, email, call recording, patient consent, and identity verification.
8. Prohibited Conduct
You shall not, and shall not permit or encourage any third party to sell, lease, assign, transfer, sublicense, disseminate, modify, translate, disclose, duplicate, reproduce, copy, reverse engineer, virtualize or create any derivative work of the Software or otherwise attempt to create the source code from the software, without the prior written consent of SendVyte;
You shall not, and shall not permit or encourage any third party to use the Software for purposes of building a competitive product or service;
No sharing, reselling, sublicensing, or providing platform access to unauthorized third parties;
No security testing, scanning, credential attacks, malware, interference, or attempts to bypass controls without SendVyte’s written authorization;
No unlawful, fraudulent, harassing, abusive, defamatory, discriminatory, or infringing use;
No bulk export, screenshotting, copying, or retention of patient data except as authorized by Practice policy and applicable law;
No use of AI output to impersonate a clinician or provide unapproved diagnosis, treatment, or emergency advice;
No use of the software to transmit any virus or other disruptive or harmful code or data or to send unsolicited or unauthorized advertising, such as spam; and
No use that violates the Practice’s agreements with SendVyte, carrier requirements, or applicable law.
9. Practice Administration and Monitoring
The Practice controls your access and may view, administer, audit, export, restrict, or terminate activity associated with its account. You should have no expectation that Practice business activity within the platform is private from the Practice. SendVyte may log access and activity for security, support, audit, and service-operation purposes.
10. Intellectual Property
SendVyte and its licensors own the Software, interface, documentation, workflows, trademarks, and related intellectual property. Practice Data and patient information remain subject to the Practice’s rights and applicable law. You may not remove proprietary notices or use SendVyte branding except as authorized.
11. Suspension and Termination
Your license ends when your Practice removes your authorization, its subscription ends, or SendVyte suspends or terminates access. SendVyte may terminate this Agreement if the User or the Practice materially breaches any term of this Agreement. Upon termination you must stop using the Software and return or delete exported Practice Data and any copies, summaries, or extracts thereof, if any, which have been made by you, as required by Practice policy and law.
12. Disclaimers and Liability
THE SOFTWARE IS PROVIDED SUBJECT TO THE PRACTICE’S AGREEMENTS WITH SENDVYTE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDVYTE DOES NOT WARRANT THAT AI OUTPUT, TRANSCRIPTIONS, SUMMARIES, ALERTS, NOTIFICATIONS, OR OTHER AUTOMATED RESULTS WILL BE ERROR-FREE OR COMPLETE. YOU ARE RESPONSIBLE FOR HUMAN REVIEW APPROPRIATE TO YOUR ROLE.
Any contractual limitation of liability between SendVyte and the Practice governs claims arising from authorized business use to the extent enforceable and applicable. Nothing in this EULA creates a greater contractual remedy for an Authorized User than the Practice has under its governing agreement, except where law requires otherwise.
13. Changes
SendVyte may update this EULA as the Services evolve. Material changes may be presented at login, through in-product notice, or by other reasonable means. Continued access after the effective date constitutes acceptance where permitted by law.
14. Governing Law and Limitation of Time to File Claims
This EULA is governed by Georgia law as though the contract was made and performed entirely in the State of Georgia without regard to the conflicts of law rules of any jurisdiction. All actions or proceedings related to this Agreement shall be litigated in the State of Georgia. The venue provision in the Practice’s governing customer agreement applies to disputes relating to authorized use, to the extent permitted by law.
Any cause of action or claim you may have arising out of or relating to this Agreement or the Software must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
15. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in this Agreement shall be unimpaired and this Agreement will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions thereof.
16. Waiver
The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of this Agreement, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.
17. Entire Agreement
The current and present version of this Agreement constitutes the sole and entire agreement between you and the Licensor with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
18. Contact
SendVyte, LLC
701 Whitlock Avenue, Suite K-46, Marietta, Georgia 30064
Email: support@sendvyte.com
Phone: (404) 446-9500
Web: sendvyte.com