Terms of Service

• Account Owner means the individual who opens an Account on behalf of themselves or an Organization and any permitted successor.
• Client means a customer of the Organization, including a patient.
• Client Profile means the record for an individual Client maintained in the Account.
• Content means templates, template libraries, documentation, and other materials provided through the Services, including third-party materials.
• Dispute means any dispute, action, or controversy between you and oseight relating to the Services, the Account, communications between the parties, or this Agreement.
• HIPAA means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.
• Intellectual Property Rights means copyrights, trademarks, service marks, trade dress, patents, database rights, and other proprietary rights.
• Payment Data means personal or financial information from a payment method, such as account numbers and expiration dates.
• Personal Information means information that identifies or can reasonably be linked to an individual or household.
• Protected Health Information (PHI) has the meaning in 45 C.F.R. 160.103.
• Services means oseight's technology platforms, websites, applications, integrations, and related services made available to you.
• Stripe Payment Processing Services means third-party payment services that enable payment acceptance, subscription management, and related reporting.
• Team Member means your employees, contractors, or service providers added to the Account.
• Territory means the United States and its territories, unless otherwise specified by oseight.
• Transaction Data means payment- and transaction-related data associated with use of payment services.
• User Data means data uploaded, submitted, generated, or collected through the Services, including PHI and Transaction Data.
• Users means you, Team Members, and Clients.
• Website means https://oseight.com and any oseight-affiliated subdomains.

By accepting this Agreement, you represent that you are at least 18 years old and have authority to bind the Organization. oseight may verify your identity and authority.

You must provide accurate, current, and complete registration information and keep it updated. You may establish an Account only from the Territory. oseight may limit or change Territories at any time.

You and Team Members may access the Account only from approved Territories. The Services are U.S.-based. Access outside the U.S. is at your own risk and subject to local laws.

You are responsible for all activity under your Account, including activity by Team Members and Clients. You must promptly notify us of unauthorized access or security incidents.

oseight uses passwordless authentication by email or other verification methods. You must keep login credentials and verification methods secure. Each User must use a unique login and may not share access.

Fees and billing terms are presented during onboarding, in an order form, or in the Services. Unless otherwise expressly stated, os8 uses a prepaid credit wallet and does not charge a monthly access fee. You may be required to choose an initial replenish pack, keep a payment method on file, and authorize automatic replenishment if enabled. Credits are non-refundable, non-cashable, and do not expire unless we state otherwise in writing. If your payment method fails, a replenishment does not succeed, or your wallet lacks required funds, oseight may pause messaging, outreach, or other usage-dependent workflows until funding is restored. You are responsible for applicable taxes.

oseight may add, modify, or discontinue features. We will provide reasonable notice for material changes.

9.1 Ownership. You retain ownership of User Data. You represent you have the rights and permissions to provide User Data.

9.2 License. You grant oseight a limited license to host, process, and use User Data to provide and improve the Services.

9.3 Payment Processor Data. User Data collected by payment processors may be used as permitted by the applicable payment terms.

9.4 Your Responsibilities. You are responsible for the accuracy and legality of User Data, including clinical documentation.

9.5 Restrictions. You must not upload or share User Data that is unlawful, infringing, defamatory, abusive, or violates privacy rights or applicable law.

9.6 Removal. We may remove or disable User Data that violates this Agreement or applicable law.

9.7 Account Ownership Transfers. You are responsible for access control, including when Team Members leave. Transfers of Account ownership must comply with oseight procedures and applicable law.

oseight's privacy practices are described in the Privacy Policy. oseight will not sell Personal Information contained in User Data. To the extent you are a Covered Entity or Business Associate under HIPAA and make PHI available to oseight through the Services, oseight and you agree to the Business Associate Agreement. You are responsible for obtaining required notices and consents from Clients.

The Services may include or integrate with third-party services. oseight does not control those services and is not responsible for their content, availability, or terms.

Use of payment services requires acceptance of Stripe and other payment processor terms. You authorize oseight and its payment processors to charge the payment method you provide for replenish packs, wallet funding, enabled automatic replenishment, and other amounts due under these Terms or an order form. oseight may share Transaction Data with payment processors to provide payment services. You agree to comply with payment processor rules and not enter Payment Data outside designated payment fields.

Stripe or its partners may offer financial products or services. Any such products are governed by separate terms between you and those providers.

You are responsible for the hardware, software, and connectivity required to use the Services. oseight may suspend or interrupt the Services for maintenance, security, or technical reasons.

15.1 Ownership. oseight and its licensors retain all Intellectual Property Rights in the Services.

15.2 Limited License. oseight grants you a non-exclusive, non-transferable, revocable license to use the Services during the term.

15.3 Restrictions. You may not copy, reverse engineer, resell, sublicense, or otherwise misuse the Services or attempt to access unauthorized data.

15.4 Feedback. You grant oseight the right to use feedback without restriction or compensation.

16.1 License to Content. If oseight provides Content, you receive a limited license to use it for your internal business purposes.

16.2 Restrictions. You may not redistribute or resell Content or use it outside the Services unless explicitly allowed.

16.3 Third-Party Content. If you access third-party content through the Services, additional terms may apply.

17.1 Recovery and Waitlist Workflows. The Services may detect openings, prioritize urgent openings, generate links, and facilitate recovery or waitlist outreach subject to your configuration and available integrations. You are responsible for the accuracy of your scheduling configuration, appointment metadata, and practice rules.

17.2 SMS Messaging. If you use SMS or other patient messaging through the Services, oseight may provide and operate standard disclosure text, consent-capture flows, consent records, and opt-out handling for os8-managed messaging workflows. You remain responsible for using the Services in compliance with applicable messaging, healthcare, and privacy laws, obtaining any practice-specific permissions required to use those workflows, and not sending or causing messages that violate a recipient's consent or opt-out status. The public SMS Consent and Messaging Disclosure located at https://oseight.com/sms-consent is incorporated into these Terms for messaging-related disclosures.

17.3 Future or Additional Features. oseight may offer additional features or enterprise services under supplemental terms.

Except to the extent caused by oseight's gross negligence or willful misconduct, you release oseight from claims related to User Data, third-party services, or actions of other Users.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." oseight DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, oseight'S TOTAL LIABILITY IS LIMITED TO THE FEES PAID OR PAYABLE BY YOU IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. oseight IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to defend, indemnify, and hold harmless oseight and its affiliates from claims arising out of your breach of this Agreement or misuse of the Services.

You are an independent contractor. Nothing in this Agreement creates a partnership, employment, or agency relationship. There are no third-party beneficiaries.

oseight may suspend or terminate access if you violate this Agreement, pose a security risk, or for nonpayment.

24.1 Effect of Termination. Upon termination, your license ends and access to the Services ceases.

24.2 No Refunds. Except as required by law or expressly agreed in writing, fees and credits are non-refundable and non-cashable.

24.3 Survival. Sections that by their nature should survive termination will survive.

The Services are commercial computer software. You agree to comply with U.S. export laws and sanctions.

Disputes will be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules, unless you opt out as permitted by applicable law. The arbitration will take place in Orange County, California. CLASS ACTIONS ARE WAIVED.

You may not assign this Agreement or your Account without oseight's prior written consent. oseight may assign this Agreement without restriction.

This Agreement and related policies constitute the entire agreement. If any provision is unenforceable, the remainder remains in effect.

Notices may be provided via email, through the Services, or by posting on the Website. You consent to receive notices electronically.

If oseight offers additional features, workflows, or enterprise services, your use of those services may be subject to supplemental terms, product notices, or order forms.

You consent to receive communications electronically, including notices, disclosures, and agreements.

oseight responds to DMCA notices. To submit a claim, provide: (1) your signature; (2) identification of the copyrighted work; (3) identification of the infringing material; (4) contact information; (5) a good-faith statement; and (6) a statement under penalty of perjury. Submit notices to support@oseight.com.