Terms of Use

Which document governs

Two documents make up the agreement between us, and the software serves both of them. Before a spa can use MD Spa Mentor, the owner reads them and accepts them, and we keep the exact text accepted, who accepted it and when.

• The Subscription Agreement. What the software is, what it costs, what happens if a payment is missed, what we promise and what we do not, how either of us can end it, and what happens to your records afterward
• The Business Associate Agreement. How we handle patient information on a spa's behalf, what we must tell you and when, and what becomes of the records if we stop working together

Those two documents are the agreement. This page is a summary and nothing more. The agreement says so itself: it replaces everything said or written before, including this website, with the pricing page as the one deliberate exception. Where the two documents disagree about patient information, the Business Associate Agreement governs.

Read them before you sign up

Both are public, and you do not need an account to read them.

Subscription Agreement Business Associate Agreement

Once a spa has accepted them, the accepted copy and the date stay available in the software under Settings, frozen exactly as they were accepted, and you can download them. A later change to the wording never rewrites what somebody already agreed to. We keep that acceptance record for six years after the agreement ends.

If we want to change something material, you get at least thirty days' notice and you are asked to accept the new version. If you would rather not, you can leave before it takes effect.

What they say, in short

A plain summary to save you time. It is not the agreement, and where it differs from the agreement, the agreement wins.

Money

• Month to month, billed monthly in advance, no minimum term. One subscription covers one location
• Everything on the pricing page is included. The agreement names no figure on purpose, so the pricing page is the one part of this website it treats as binding
• Fourteen days free for a new spa, with no card. You can use everything. When it ends the software locks until you subscribe, and your records are kept either way
• Cancel whenever you like. You keep the month you paid for and we do not bill again. Part-months are not refunded
• A price change comes with thirty days' notice, and you can leave before it reaches you
• A missed payment takes nothing away for seven days. You keep full access, and we show you a warning with a way to pay.
• Sales tax is added where a state charges it

Your records

• You own them. Your clients, their history, their consent forms, their notes, your treatments, your prices, your numbers. We hold them on your behalf
• Export them whenever you like while the subscription is active, in a form you can open
• If it ends, you have thirty days to export, longer if you ask before those thirty days are up. Then we delete them from the live system, and from our backups within a further thirty days as those age out. We confirm it in writing if you ask
• We never sell them, never use them for advertising, never use one spa's records to help another, and never use them to train any model, identified or not. The Business Associate Agreement says the same and binds us
• Ask us to delete them and we will

What we are not

• We do not provide medical care and we employ no clinicians. The software records what your clinicians do; it does not do it, check it or approve it
• We do not give legal, medical, tax, accounting or compliance advice, and using the software does not make you compliant with anything
• We do not process card payments and we take no percentage of what you sell. You keep your own processor at your own rate
• The consent wording, intake questionnaire and letter templates are starting points. Have your own attorney read them before you use them with a patient

The parts worth reading properly

What the agreement says about who carries the risk.

• What we owe you is capped at the fees you paid us in the twelve months before a claim arose, and neither of us owes the other for lost profits or indirect losses
• The indemnity runs one way. You cover us for claims arising from how your spa uses the software, from clinical and business decisions your people make, and from consents the law required that were not taken. We do not indemnify you
• A claim has to be brought within one year of the event it comes from
• We promise no uptime percentage. We keep it running, back it up off site and encrypted every day, apply security updates, and tell you before planned work that would interrupt you. We do not promise it is never interrupted

Wyoming law governs, MD Spa Mentor LLC is a Wyoming limited liability company, and a dispute goes to the courts in Wyoming.

How to reach us

Questions about either document, before you sign up or after: [email protected]. A person reads it, and support is answered by somebody who has run a medical spa.

MD Spa Mentor LLC, 30 N Gould St, Sheridan, WY 82801.