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 agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Acceptable Use Policy, and any other policies incorporated by reference.

1.2 Legal Entity

1.3 Healthcare Use Restrictions

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

• The Platform is an administrative and documentation tool, not a clinical decision-support system.
• All clinical decisions remain your sole professional responsibility.
• SOAP notes and documentation created through the Platform are your professional records — BusyBook does not validate or audit clinical content.
• The Platform does not replace professional judgment or continuing education.

1.4 Eligibility

You must be at least 18 years of age, hold a valid active license, have legal capacity to enter binding agreements, and not be barred from using the Platform under applicable law.

2. Therapist HIPAA Obligations

2.1 Shared Responsibility Model

BusyBook provides tools that support HIPAA-compliant workflows. However, you — as the Covered Entity under HIPAA — bear primary responsibility for your own HIPAA compliance. BusyBook is your Business Associate, not your compliance officer.

2.2 Your Obligations

• Designate a Privacy Officer responsible for your HIPAA compliance program
• Implement your own HIPAA policies and procedures, including a Notice of Privacy Practices
• Obtain all required client consents before entering PHI into the Platform
• Train all individuals who access the Platform on HIPAA requirements
• Use strong authentication credentials; do not share login credentials
• Report any suspected breach of PHI to [email protected] within 24 hours
• Maintain your own backup copies of critical client records
• 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
• Provide tools enabling you to manage, export, and delete PHI
• Not use PHI for marketing, analytics, or any purpose beyond providing 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.

3. Protected Health Information and Business Associate Agreement

3.1 BAA Requirement

If you use the Platform to create, receive, maintain, or transmit PHI, you must execute a Business Associate Agreement ("BAA") with BusyBook before entering any PHI.

3.3 PHI Categories

4. Liability and Health Data Incidents

4.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSYBOOK'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) FEES PAID DURING THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100.

4.2 Exclusion of Consequential Damages

IN NO EVENT SHALL BUSYBOOK BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR REPUTATIONAL HARM.

4.3 Health Data Incident Liability Cap

For claims arising from a Qualifying Health Data Incident — a breach caused solely by BusyBook's material failure to implement safeguards — liability shall not exceed the greater of: (a) fees paid during the preceding 24 months; or (b) $5,000. This cap applies only when the incident resulted from BusyBook's failure, timely notice was provided, and you cooperated with investigation.

5. Telehealth and State Licensing Requirements

The Platform may include features for remote client interactions. You are solely responsible for ensuring your use complies with each jurisdiction's licensing and regulatory requirements, including holding valid licenses, understanding scope-of-practice limitations, obtaining informed consent, and documenting telehealth sessions.

BusyBook makes no representation that the Platform's Telehealth Features comply with the telehealth laws of any particular jurisdiction.

6. Subscription, Billing, and Payment Terms

• Fees are billed in advance on a monthly or annual basis
• Upgrades are prorated immediately; downgrades take effect at the next billing cycle
• You must provide a valid payment method and authorize charges
• We may change pricing with at least 30 days' advance notice
• Fees are exclusive of applicable taxes
• 14-day refund period for initial subscription; generally non-refundable otherwise
• Accounts past due for 14+ days may be suspended; 60+ days may be terminated

7. Data Export and Account Termination

7.1 Your Right to Export

You may export your data at any time in standard formats (CSV, JSON, PDF).

7.2 HIPAA Data Portability

After termination, BusyBook provides a 60-day Export Window with read-only access for data export.

7.3 Data Deletion

After the Export Window, PHI is deleted from active systems within 30 days and from backups within 90 days.

7.4 Termination by You

Cancel at any time via account settings or [email protected].

7.5 Termination by BusyBook

We may terminate immediately for material breach, with 30 days' notice for convenience, or immediately if required by law. In all cases, the Export Window applies.

8. AI Features and Disclosure

The Platform includes AI-powered features including SOAP note suggestions, session summaries, client communication drafting, and administrative chat assistance.

• AI Features use third-party language models with BAA protections in place
• AI outputs are suggestions, not clinical advice — you must review and approve all content
• Once you adopt AI-generated content, it becomes your professional work product
• AI Features may produce inaccurate outputs; apply your professional judgment
• BusyBook does not use your PHI to train AI models
• You may disable AI Features at any time via Platform settings

9. Governing Law and Dispute Resolution

9.1 Governing Law

For Texas subscribers: laws of the State of Texas. For California subscribers: laws of the State of California. For all others: laws of the State of Texas. All without regard to conflict-of-law principles, plus applicable federal law including HIPAA.

9.2 Dispute Resolution

Informal resolution for at least 30 days, then binding arbitration under AAA Commercial Arbitration Rules. Small claims court exception and injunctive relief preserved.

9.3 Class Action Waiver

EACH PARTY MAY BRING CLAIMS ONLY IN INDIVIDUAL CAPACITY, NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

9.4 Jury Trial Waiver

BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING FROM THESE TERMS.

10. Indemnification

You agree to indemnify, defend, and hold harmless BusyBook from claims arising from:

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

11. General Provisions

• Entire Agreement: These Terms, Privacy Policy, BAA, and AUP constitute the entire agreement
• Severability: Invalid provisions are modified to the minimum extent necessary
• Waiver: Failure to enforce a provision does not constitute waiver
• Assignment: You may not assign without consent; BusyBook may assign in connection with a sale of assets
• Notices: To BusyBook at [email protected]; to you at 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, revocable license during your subscription
• Modifications: 30 days' notice of material changes; continued use constitutes acceptance
• Accessibility: Contact [email protected] for accessibility concerns

12. Contact Information