Terms of Service

1What these terms cover

These terms govern your use of KlinIQ’s software, automations, AI systems, marketing services and related business services (the “Services”). “You” means the business named in the MSA. By signing the MSA, using the Services, or paying an invoice, you accept these terms.

2What we do

KlinIQ builds and operates growth and automation systems described in your Order Form. Depending on your plan, that includes some or all of: lead generation campaigns, landing pages, booking and intake flows, AI voice and text agents, follow-up sequences, database reactivation, reporting, and management of advertising within the allowance in your agreement.

We may modify, substitute or discontinue a feature, tool, integration or third-party service used to deliver the Services, provided the Services overall are not materially diminished.

3What we don’t do

• We don’t practice medicine or give clinical advice, and we don’t supervise your clinical staff.
• We aren’t your medical record or system of record. You keep your own records, including patient records, under the retention laws that apply to you.
• We don’t guarantee results. No number of leads, appointments, revenue, return on ad spend or conversion rate is promised. Figures we share are illustrative, early and not typical.
• We don’t pay your advertising spend. You pay the platforms directly with your own payment method.
• We don’t provide legal, tax or regulatory advice about your business or your advertising.

4Onboarding and launch

After signing, the setup fee is charged and build-out begins once it clears. You complete our onboarding process, which for healthcare clients runs through our onboarding portal at marketingonboarding.com, covering branding, locations, audience, budget and advertising account access. Your answers configure your account and form part of your agreement.

Build-out is typically completed within fourteen days of the setup fee clearing, provided you supply information, access and approvals promptly. The timeline extends day for day for any delay on your side, and the target is an estimate, not a guarantee. Your owner, point of contact and closer complete our owner training before launch.

5What you’re responsible for

• Your teamName one point of contact and one closer, the person who handles and books the leads we deliver, and keep both roles filled by named individuals at all times.
• Daily operationOur systems deliver leads and bookings. Your team works them. Review bookings and callback lists daily, follow up on callbacks and no-shows promptly, and run all lead calls and messages through the dedicated system and phone line we provide. Where results fall short because these steps didn’t happen, that is outside what we are responsible for.
• Telling us about changesTell us in writing, promptly, when your closer, point of contact, pricing, offers, calendars, availability, staffing or capacity change. Where a change isn’t disclosed, our responsibility for any resulting change in performance is limited accordingly, and what you last confirmed is the record we work from.
• Your own complianceYou represent that you hold the licenses, registrations and authorizations required to operate your business and to offer the products and services you advertise, and that your pricing, claims, testimonials, and before-and-after or promotional imagery comply with all applicable laws, including Federal Trade Commission rules, state medical, dental and professional board requirements, and healthcare advertising rules. You are solely responsible for the accuracy and legality of all content, claims and materials you provide or approve.
• Third-party accountsYou are responsible for complying with the terms of every third-party platform involved, including Meta, Google, and telephony and messaging providers. We are not responsible for the suspension, restriction, rejection or loss of any account, ad account, listing or campaign.
• CooperationProvide accurate and complete information, timely access to accounts and materials, and prompt review and approval of deliverables. Delays on your side do not relieve payment obligations.

6Consent to contact people

You will provide the information required to register your business name and phone numbers for branded calling and business messaging, and you authorize those registrations.

7Patient information and HIPAA

Where the Services involve protected health information, including any database reactivation run against your patient list, the parties execute a Business Associate Agreement and you transfer the data by a HIPAA-compliant method. Those Services do not begin until both are done. The executed Business Associate Agreement governs each party’s HIPAA obligations, and Kliniq LLC assumes no HIPAA obligations except under it.

You are responsible for lawfully collecting and transferring any patient or personal data you provide to us. Do not send patient information through our website forms, ordinary email or chat.

8Data, security and your records

We maintain commercially reasonable administrative, technical and physical safeguards for your data in our possession, including access controls, encryption in transit and vetting of the providers we use. We will notify you without unreasonable delay if data we hold for you is exposed, and within the time any executed Business Associate Agreement or applicable law requires.

We may engage subcontractors to perform part of the Services. They are bound by the same confidentiality and data obligations, and we remain responsible for their work.

Our collection and use of data is described in our Privacy Policy, and where applicable a Data Processing Agreement is available on request and applies by reference.

9Fees and billing

Your fees are the plan you selected on kliniq.tech, as confirmed in your Order Form or Payment Authorization. Unless your Order Form says otherwise: a one-time setup fee, a monthly agency fee that rotates automatically to the standard rate from your third calendar month, and a management fee of thirty percent on the portion of your monthly advertising spend above the managed spend allowance.

• Keep a valid primary payment method on file, and a backup where possible. You authorize us to charge it for all fees due. If the primary method fails, we may charge the backup to avoid interrupting the Services.
• Card details are entered into our payment processor, currently Stripe. We do not retain card security codes after a payment method is authorized.
• Invoiced amounts are due within fifteen days of receipt. Late amounts may carry a finance charge of 1.5% per month or the maximum the law allows, whichever is lower.
• Setup fees and monthly agency fees are non-refundable once setup has begun or the Services have commenced, except where the law requires otherwise.
• Fees exclude taxes. You are responsible for applicable sales, use and similar taxes, excluding taxes on our net income.
• Raise any billing question with us within thirty days of the charge and work it through with us rather than initiating a chargeback. A chargeback on a valid, undisputed charge may be treated as a material breach, and you remain responsible for the amount owed and related fees.
• We may suspend the Services for overdue accounts until payment is received. Suspension does not relieve payment obligations.

10Advertising spend

Advertising spend is separate from and in addition to our fees. You pay it directly to the advertising platforms using your own payment method on your own advertising accounts. It never passes through KlinIQ, is not collected by us, and is not included in any KlinIQ fee. Your monthly agency fee includes management of advertising spend up to the managed spend allowance stated in your agreement. The allowance applies per calendar month with no roll-over, accrual, credit or refund for any unused portion.

11Who owns what

All intellectual property rights in our software, processes, designs, workflows, prompts and related materials remain ours. You receive a limited, non-exclusive, non-transferable license to use the Services for your own internal business purposes for the term of your agreement. No transfer of ownership or implied license occurs except as expressly stated in writing.

You grant us a non-exclusive, royalty-free license to use your names, logos, marks, content and materials as needed to perform the Services. We may identify you as a client and reference the engagement and non-confidential, anonymized performance results for portfolio, marketing and case-study purposes, unless you opt out in writing.

12Confidentiality

Each party keeps the other’s non-public information disclosed in connection with the agreement in strict confidence and uses it only to perform or receive the Services. This does not cover information that is or becomes public through no fault of the receiving party, was lawfully held before disclosure, or was independently developed. Either party may disclose where the law requires, after giving notice where permitted.

13Acceptable use

You may not use the Services to contact people who have not given the required consent, to make false or misleading claims, to advertise anything you are not licensed to provide, to harass anyone, to send prohibited content, or to breach any law or platform rule. You may not resell, sublicense or white-label the Services, or copy our systems for another business. We may suspend the Services immediately for unlawful conduct or a serious breach of this section.

14Support and service levels

Support is provided during our normal business hours through the channels we give you at onboarding, and the Service Level Acknowledgement attached to your MSA applies. The Services depend on third-party platforms, and interruptions caused by them are not a breach of this agreement.

15Term, ending the agreement, and your data

The initial term is ninety days from the effective date, after which the agreement continues month to month. Either party may terminate effective at the end of the initial term, or at any time after it, on thirty days’ written notice. We may suspend or terminate immediately for non-payment, a chargeback on a valid charge, material breach or unlawful conduct.

On termination you immediately stop using the Services, pay all outstanding fees including fees accruing through the notice period, and permit removal of our systems and integrations. Setup and service fees already paid are non-refundable. On your written request within thirty days after termination, we provide a one-time export of your data in a commercially reasonable format. After that period, and subject to any executed Business Associate Agreement and applicable law, we have no obligation to retain or return your data and may delete it in the ordinary course.

16Warranties and disclaimers

We warrant that we will perform the Services in a professional and workmanlike manner.

We are not responsible for the acts, omissions, outages, pricing changes, policy changes or discontinuation of any third-party service.

17Limits of liability

These limits apply to the fullest extent permitted by law and survive termination.

18Indemnity

You will indemnify, defend and hold harmless Kliniq LLC and its owners, officers, employees, affiliates and contractors from all claims, damages, liabilities, penalties, costs and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Services; your content, offers, claims or materials; your violation of any law or third-party right, including advertising, healthcare, privacy and communications laws; your failure to obtain required consents; or your breach of your agreement.

19Changes to these terms

We may update these Terms of Service and our other incorporated policies from time to time on notice to you. Continuing to use the Services after notice constitutes acceptance. Other amendments to your MSA must be in writing and signed by both parties.

20Florida law and how disputes are handled

These terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute will be resolved exclusively by binding arbitration in Miami, Florida, under the rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction.

21General

The parties are independent contractors, and nothing here creates a partnership, joint venture, employment or agency relationship. During the term and for twelve months after termination, you will not solicit for employment or engagement any KlinIQ employee or contractor involved in providing the Services without our written consent.

Neither party is liable for delay or failure caused by events beyond its reasonable control, though payment obligations are not excused. Notices must be in writing to the email or physical address on record and are deemed given on confirmed delivery. If a provision is unenforceable, the rest remains in effect and that provision is modified to the least extent needed. No waiver is effective unless in writing. You may not assign your agreement without our written consent; we may assign in connection with a merger, acquisition or sale of assets.

Provisions that by their nature should survive, including fees owed, confidentiality, intellectual property, indemnification, limits of liability and dispute resolution, survive termination.

22Contact us

• Kliniq LLCMiami, FL · support@kliniq.tech · 1-786-304-1779