1. Agreement; Customer and Authorized Users
These Terms of Service (“Terms”) are a binding agreement between SendVyte, LLC ("SendVyte," "we," "us," or "our") and the healthcare practices, organizations, or other business entities that use and subscribe to the SendVyte patient communication and practice operations platform (the “Services”). The healthcare practices, organizations, or other business entities are each a "Customer" or "Practice". Individual dentists, clinicians, administrators, employees, contractors, and other persons permitted by Customer to access the Services are "Authorized Users."
By executing an Order Form, creating an account, clicking to accept these Terms, or accessing or using the Services on behalf of the Customer, the person doing so represents that he or she has authority to bind the Customer. Authorized Users are also subject to the SendVyte End User License and Authorized User Agreement ("EULA"). If an Order Form conflicts with these Terms, the Order Form controls as to commercial terms. If a Business Associate Agreement ("BAA") conflicts with these Terms concerning PHI or HIPAA compliance, the BAA controls.
As used in these Terms, "Order Form" means the online checkout, subscription selection, or plan-change confirmation completed in the Services, or any written order or quote signed by the parties, that identifies the Services, fees, and subscription term. "Customer Data" means data, content, and information submitted to the Services by or for Customer or its Authorized Users, or obtained by SendVyte from Customer’s practice-management system or other connected systems on Customer’s behalf, including PHI.
2. Services
SendVyte provides a cloud-based patient communication and practice-operations platform for healthcare practices. Available functionality depends on Customer’s subscription, configuration, practice-management system ("PMS"), and enabled integrations.
AI-assisted telephone receptionist and website conversational agent, including call or chat intake, transcription, summaries, practice-configured escalation, and staff notification;
Automated appointment confirmations and reminders, two-way SMS/MMS messaging, and manual practice-to-patient messaging;
Google review requests, Google Business Profile tools, and AI-assisted draft review responses;
Scheduling, patient, operatory, and practice workflow dashboards;
Patient balance, accounts-receivable outreach, statements, payment links, and text-to-pay functionality through supported payment processors;
Referral analytics, referring-doctor relationship tools, visit/gift logging, route planning, and related reporting;
SummaryDocs and other AI-assisted documentation functionality that may process Practice-authorized clinical notes, patient history, prior documentation, and related PHI to generate draft S.O.A.P. notes or related clinical documentation for clinician review;
SVAlert and other staff-coordination, room-alert, workflow, or notification features made available by SendVyte; and
Other features, integrations, APIs, modules, or beta functionality described in an applicable Order Form or product documentation.
3. Customer Responsibilities
Customer controls its healthcare operations and remains responsible for its patients, clinical decisions, workforce, source data, communications, and legal obligations. Customer agrees to:
Provide accurate account, billing, configuration, PMS, practice, and contact information and keep it current;
Ensure Authorized Users are appropriately authorized and maintain the confidentiality of account credentials, administrative codes, workstation codes, and other access mechanisms;
Use the Services only for lawful healthcare-practice purposes and in accordance with the BAA, applicable law, and applicable professional standards;
Obtain and document all consents, permissions, and authorizations required for calls, recordings, SMS/MMS, marketing or review requests, patient communications, PMS access, and other enabled workflows;
Maintain accurate patient communication preferences, SMS consent status, Do Not Contact flags, and opt-out information, and promptly communicate material changes to SendVyte;
Review and approve practice scripts, escalation criteria, automated message templates, AI prompts/workflows, and other configurable content before production use;
Maintain appropriate endpoint, workstation, server, network, access, and workforce safeguards within Customer-controlled environments; and
Promptly notify SendVyte of suspected unauthorized access, compromised credentials, misuse, security issues, or material PMS/integration changes.
4. Clinical, AI, and Automation Terms
SendVyte provides administrative, communication, workflow, and drafting tools. SendVyte does not practice dentistry or medicine, diagnose conditions, prescribe treatment, establish a clinician-patient relationship, or replace the professional judgment of Customer’s licensed clinicians.
AI-generated or AI-assisted content may be incomplete, inaccurate, or inappropriate. Customer is solely responsible for ensuring that a qualified clinician reviews, verifies, edits as appropriate, and approves any SummaryDocs-generated S.O.A.P. note or other clinical documentation before it is relied upon for patient care, signed, finalized, or incorporated into the medical or dental record.
The AI receptionist and related automation follow Customer-configured scripts, categories, and escalation protocols. They do not independently determine a clinical diagnosis or medical urgency. Customer remains responsible for establishing escalation criteria, identifying appropriate recipients, maintaining on-call coverage, reviewing call and message records, and timely responding to patients and other callers.
5. No Emergency or Guaranteed Notification Service
The Services are not an emergency medical service, emergency dispatch system, nurse-triage service, or guaranteed paging/notification service. Customer must not configure or rely on the Services as the sole means of receiving or responding to time-sensitive or emergency communications.
The Services may attempt to route, flag, email, text, display, or otherwise notify Customer personnel according to Customer-approved rules, but delivery can be affected by carrier outages, internet failures, spam filtering, device settings, incorrect contact information, third-party service failures, or other conditions outside SendVyte’s control. Customer is responsible for maintaining independent procedures for emergencies, after-hours coverage, and review of call/message logs within the Services.
6. SMS, MMS, Telephone, and Electronic Communications
Customer is the sender or sponsor of patient communications transmitted through the Services on Customer’s behalf. Customer is responsible for ensuring that its messaging programs, content, consent practices, and call-recording practices comply with applicable federal and state law, carrier requirements, and industry rules, including the Telephone Consumer Protection Act (TCPA) where applicable.
Customer shall not use the Services to send unlawful unsolicited messages, evade opt-outs, purchase or use patient lists without lawful authority, or send prohibited or deceptive content. SendVyte may implement STOP/HELP handling, consent controls, suppression lists, carrier filtering, throughput limits, and other compliance controls and may suspend traffic that presents legal, carrier, security, or abuse risk.
7. HIPAA and Protected Health Information
Where SendVyte creates, receives, maintains, or transmits Protected Health Information ("PHI") on behalf of a Customer that is a HIPAA Covered Entity, the parties will enter into a BAA. PHI is governed by the BAA, and the BAA controls over these Terms with respect to HIPAA-regulated uses, disclosures, safeguards, breach notification, return, or destruction of PHI.
Customer will not instruct SendVyte to use or disclose PHI in a manner that would violate HIPAA if performed by Customer, except as expressly permitted for a Business Associate under the BAA and applicable law.
8. Practice Data; PMS Connectivity; Data Rights
Customer authorizes SendVyte and approved service providers to access, process, transmit, and store Customer Data as reasonably necessary to provide the Services and as described in the applicable Practice Data Access Authorization and BAA. Customer represents that it has authority to provide such access and data.
As between the parties, Customer retains ownership of Customer Data. Customer grants SendVyte a limited, non-exclusive right to host, copy, transmit, process, display, and otherwise use Customer Data solely as necessary to provide, secure, support, and improve the Services as permitted by the BAA and applicable law.
Where expressly permitted by the BAA and applicable law, SendVyte may create and use data that has been de-identified in accordance with 45 CFR § 164.514 for security, analytics, performance, product improvement, and service development. SendVyte will not re-identify such data except as permitted by law.
9. Third-Party Services and Integrations
The Services may interoperate with telecommunications carriers, cloud infrastructure providers, AI service providers, PMS integration providers, payment processors, email providers, Google services, browser push services, and other third-party services. SendVyte may change providers or technical implementations over time.
SendVyte is responsible for its obligations under the BAA with respect to Business Associate subcontractors. Third-party services may also be subject to their own terms, availability, limitations, and service changes. SendVyte is not responsible for failures caused solely by third-party systems outside SendVyte’s reasonable control, subject to obligations that cannot lawfully be disclaimed.
10. Accounts and Security
Customer is responsible for access granted through its account and for promptly removing access when an Authorized User no longer requires it. Customer may not share individual credentials except where a feature is expressly designed for shared-workstation or code-based access. Customer must not attempt to bypass security controls, access another customer’s data, probe or test the Services without authorization, introduce malware, scrape the Services, or interfere with platform operation.
11. Fees, Billing, Renewals, and Taxes
Fees, included usage, setup charges, overage rates, platform fees, subscription periods, renewal terms, and payment terms are stated in the applicable Order Form, checkout page, or subscription selection presented to Customer. Unless an Order Form states otherwise, the initial subscription period is 12 months (the “Term”), billed monthly or annually at the Customer’s discretion. Subscriptions automatically renew for successive 12-month periods (“Renewal Terms”) until cancelled in accordance with the applicable subscription terms.
Customer authorizes SendVyte and its payment processor to charge the payment method on file for recurring subscription fees and other authorized charges. Fees are non-refundable except as expressly stated in an Order Form or required by law. Customer is responsible for applicable taxes other than taxes based on SendVyte’s net income.
12. Patient Payments
Payment-processing functionality is provided through one or more supported payment processors. Customer is responsible for its merchant account, refund policies, patient balances, payment instructions, and compliance with payment-card and financial requirements applicable to Customer. SendVyte is not a bank and does not hold patient funds. Any SendVyte platform fee is disclosed in the applicable Order Form or product pricing.
13. Acceptable Use
No unlawful, fraudulent, misleading, harassing, defamatory, abusive, or discriminatory use;
No spam, unlawful telemarketing, purchased lists, or messages sent without required consent;
No transmission of malware, credential theft, security attacks, or attempts to defeat access controls;
No use that infringes intellectual property, privacy, publicity, confidentiality, or other third-party rights;
No reverse engineering, decompiling, disassembling, copying, scraping, benchmarking for competitive publication, or creating derivative works except to the extent a restriction is prohibited by law;
No use of the Services to provide medical advice as if generated by SendVyte, or to represent AI-generated material as clinician-approved before appropriate review; and
No use that is reasonably likely to cause SendVyte, its carriers, or service providers to violate law, carrier policy, platform policy, or contractual obligations.
14. Intellectual Property; License
SendVyte and its licensors retain all right, title, and interest in the Services, software, interfaces, workflows, documentation, models, prompts, templates supplied by SendVyte, trademarks, and related intellectual property. Subject to these Terms and payment of applicable fees, SendVyte grants Customer and its Authorized Users a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for Customer’s internal business purposes.
Customer retains ownership of Customer-created content and Customer Data. If Customer provides suggestions, ideas, or feedback about the Services, Customer grants SendVyte a perpetual, irrevocable, worldwide, royalty-free right to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into the Services, create derivative works from, or otherwise exploit that feedback without restriction and without any compensation to Customer.
15. Confidentiality
Each party may receive non-public confidential information of the other (the “Confidential Information”). Each party will use reasonable care to protect the other party’s Confidential Information and will use it only to perform or receive the Services, exercise rights under the parties’ agreements, or comply with law. PHI is additionally governed by the BAA.
16. Service Changes; Beta Features
SendVyte may modify, enhance, replace, or discontinue features as the platform evolves. SendVyte will use commercially reasonable efforts to avoid materially reducing the core functionality of a paid subscription during the then-current subscription period without notice. Beta, preview, pilot, or experimental features may be changed or withdrawn at any time and may have additional limitations disclosed at activation.
17. Suspension and Termination
Either party may terminate the relationship between the parties as provided in the applicable Order Form or subscription terms. SendVyte may suspend access or specific functionality when reasonably necessary to address nonpayment, security risk, unlawful activity, carrier or provider requirements, material breach, or risk to the Services or other users. Termination by Customer before the end of a Term or Renewal Term is subject to an early termination fee equal to 3 months of subscription fees.
Upon termination, Customer access and automated workflows will cease in accordance with the applicable Order Form and product processes. PHI retention, export, return, and deletion are governed by the BAA. Other Customer Data is handled in accordance with the Privacy Policy, applicable Order Form, legal requirements, and SendVyte’s documented retention practices.
18. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDVYTE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SENDVYTE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY AUTOMATED, AI-GENERATED, TRANSCRIBED, SUMMARIZED, ESCALATED, OR DELIVERED CONTENT WILL BE COMPLETE OR ACCURATE.
CUSTOMER ACKNOWLEDGES THAT SOFTWARE, TELECOMMUNICATIONS, INTERNET, AI, AND THIRD-PARTY SERVICES CAN FAIL OR PRODUCE ERRORS. CUSTOMER IS RESPONSIBLE FOR APPROPRIATE HUMAN REVIEW, BACKUP PROCEDURES, CLINICAL JUDGMENT, AND BUSINESS-CONTINUITY PROCEDURES.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN A SIGNED ORDER FORM, BAA, OR OTHER AGREEMENT, SENDVYTE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SENDVYTE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.
20. Indemnification
Customer will defend, indemnify, and hold harmless SendVyte and its officers, managers, employees, and affiliates from third-party claims arising from Customer’s unlawful messaging, failure to obtain required patient/caller consent, Customer-provided content or instructions, Customer’s clinical decisions, misuse of the Services, or violation of law, except to the extent caused by SendVyte’s breach or misconduct.
21. Changes to Terms
SendVyte may update these Terms from time to time. For material changes affecting existing paid Customers, SendVyte will provide reasonable notice by email, in-product notice, or other appropriate means. Changes will apply prospectively from the stated effective date. If applicable law or an executed Order Form requires different treatment, that requirement controls.
22. Governing Law; Venue
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except where federal law governs. Unless the parties agree otherwise in writing, exclusive venue for disputes will lie in the state or federal courts located in Fulton County, Georgia.
23. General
Neither party may assign these Terms except in connection with a merger, reorganization, sale of substantially all assets, or similar transaction, or with the other party’s written consent, not to be unreasonably withheld. SendVyte may use subcontractors to perform the Services. If any provision is unenforceable, the remaining provisions remain effective. A waiver must be in writing and applies only to the specific instance waived. These Terms, the applicable Order Form, BAA, Data Access Authorization, EULA, and incorporated addenda constitute the parties’ agreement concerning the Services and supersede inconsistent prior representations concerning the same subject matter.
24. Contact
SendVyte, LLC
701 Whitlock Avenue, Suite K-46, Marietta, Georgia 30064
Email: support@sendvyte.com
Phone: (404) 446-9500
Web: sendvyte.com
25. SVAlert Additional Terms
SVAlert includes room-alert/workflow functionality and may include Staff Chat. SendVyte expressly designates SVAlert Staff Chat as a PHI-capable feature for authorized internal Practice workforce communications. Customer may use Staff Chat for patient-related communications consistent with the BAA, this Agreement, Practice policy, and applicable law. Other SVAlert room-alert, status-board, acknowledgement, and workflow fields are not approved for entry of patient names, diagnoses, treatment information, medical-record information, or other PHI unless SendVyte expressly designates that functionality as PHI-capable. Customer is responsible for workforce authorization, workstation and device access, staff training, and appropriate use of PHI-capable features. Staff Chat is practice-scoped and is not a private direct-message system. Push notifications may be used for alerts, but SendVyte's Staff Chat configuration is designed not to include message content in push notifications. Delivery of alerts or notifications is not guaranteed.
Any free trial, included subscription, device limits, renewal terms, pricing, retention periods, or other SVAlert commercial terms are stated in the applicable Order Form or subscription interface rather than permanently fixed in these Terms.