Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Phyxem AI Suite platform ("Service") operated by Nuvian Labs LLC ("Nuvian Labs," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization (such as a medical practice), you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Phyxem AI Suite is a cloud-based medical practice management platform designed for MedSpas, HRT clinics, and aesthetic practices. The Service includes patient management, scheduling, e-prescribing, billing, AI-powered clinical tools, communications, analytics, and mobile applications.

The Service is intended for use by licensed healthcare providers and their authorized staff. It is not intended as a substitute for professional medical judgment.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must immediately notify us of any unauthorized use of your account.
• You must be at least 18 years old to create an account.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Violate HIPAA or any other healthcare privacy or security regulations
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit malware, spam, or other harmful content
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written consent
• Use the AI features for purposes unrelated to clinical practice management

5. Subscription and Billing

5.1 Plans and Pricing

The Service is offered under subscription plans as described on our pricing page. Pricing is subject to change with 30 days advance notice.

5.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. All payments are processed through Stripe. You authorize us to charge your payment method for all applicable fees.

5.3 Free Trial

New accounts may receive a free trial period. At the end of the trial, your account will be billed unless you cancel before the trial expires.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods.

6. HIPAA Compliance

For customers who are Covered Entities or Business Associates under HIPAA, we will enter into a Business Associate Agreement (BAA) governing our handling of Protected Health Information (PHI). The BAA is incorporated by reference into these Terms.

You are responsible for ensuring that your use of the Service complies with HIPAA and all applicable healthcare regulations, including obtaining proper patient consents for data processing and communications.

7. AI Features and Limitations

The Service includes AI-powered features such as clinical decision support, lab interpretation, scheduling optimization, and voice AI. These features are designed to assist healthcare providers and are not intended to replace professional medical judgment.

• AI-generated recommendations are informational only and must be reviewed by a qualified healthcare provider before clinical decisions are made.
• We do not guarantee the accuracy, completeness, or timeliness of AI-generated content.
• You are solely responsible for all clinical decisions made using the Service.
• AI features may be updated or modified as the technology improves.

8. SMS and Voice Communications

The Service enables sending SMS messages and making voice calls to patients on your behalf. By using these features:

• You represent that you have obtained proper consent from message recipients as required by the Telephone Consumer Protection Act (TCPA) and applicable state laws.
• You agree to maintain opt-out mechanisms and honor opt-out requests promptly.
• You will not use communications features for spam, unsolicited marketing, or any unlawful purpose.
• Message and data rates may apply to recipients. You are responsible for informing patients of this.

9. Intellectual Property

The Service, including its software, design, trademarks, and content, is owned by Nuvian Labs and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.

You retain all rights to the data you input into the Service. You grant us a limited license to use your data solely to provide and improve the Service.

10. Data Ownership and Portability

Your practice data, patient records, and all content you create within the Service belongs to you. Upon cancellation or termination, you may export your data for up to 90 days. After 90 days, we may delete your data in accordance with our data retention policy and applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUVIAN LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

13. Indemnification

You agree to indemnify and hold harmless Nuvian Labs, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Service, violation of these Terms, or violation of any applicable law or regulation.

14. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or for any reason with 30 days notice. Upon termination, your right to use the Service ceases immediately, subject to the data export period described in Section 10.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Florida.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Contact Us

If you have questions about these Terms, contact us at: