Xolvion Front Desk

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Terms of Service

Terms of Service

  •  Last Update: September 19, 2025
  •  Entity: Xolvion LLC (“Xolvion,” “we,” “us,” “our”)
  •  Website & Services: xolvionhealth.com and the AI front-desk products, features, and integrations described here (the “Services”).
  • Customer: The clinic or organization that accepts these Terms (“Customer,” “you,” “your”).

 

By signing an Order (or clicking accept, installing, enabling, or using the Services), you agree to these Terms.

1) Scope & Order of Precedence

  •  These Terms govern access to and use of the Services.

  • If you are a Covered Entity and sign a Business Associate Agreement (BAA), the BAA governs Xolvion’s handling of PHI; if there is a conflict, the BAA controls for PHI.

  • If you sign a separate Order or Master Services Agreement, the order of precedence is:
  1.  BAA (for PHI),
  2.  Order/MSA,
  3.  these Terms,
  4.  policies referenced herein (AUP, DPA, Subprocessor List, SLA if any).

2) The Services

  • What we provide. An AI-assisted front desk that can answer calls and messages, perform scheduling-only intake via SMS/WhatsApp/web chat, send confirmations/reminders, route/escalate, and trigger post-visit review outreach.
  • Scheduling-only over messaging. To protect patient privacy, our default posture is no PHI over SMS/WhatsApp. Voice interactions may collect information consistent with your scripts and BAA (if applicable).
  • Channels & carriers. SMS/voice/WhatsApp are delivered via telecom carriers and third-party platforms; delivery isn’t guaranteed and may be delayed or blocked.
  • Beta features. We may release optional beta or preview features “as-is” and may modify or withdraw them without notice.

3) Accounts, Access & Your Responsibilities

  • Account owner. You are responsible for your account, authorized users, and safeguarding credentials.
  • Clinic scripts & configuration. You control final scripts, disclaimers, quiet hours, escalation rules, deposit policies, and routing. You’re responsible for accuracy and regulatory appropriateness.
  • Lawful use. You will use the Services in compliance with applicable laws (HIPAA, TCPA, CAN-SPAM, state telemarketing laws, data protection laws) and our Acceptable Use Policy (AUP).
  • Consent for messaging/calls. You must obtain and maintain required consents for automated calls/texts. You must honor STOP/HELP and opt-out requirements.
  • Prohibited data. Do not input or transmit cardholder data, government-issued identifiers, or other special-category data unless expressly agreed in writing.

4) Business Associate Agreement (If Applicable)

  • If you are a HIPAA Covered Entity/Business Associate and request a BAA, both parties will sign Xolvion’s standard BAA (or a mutually agreed form).
  • For PHI, the BAA governs permitted uses/disclosures, safeguards, breach notification, and subcontractor management.

5) Data; Privacy; Security

  • Privacy. Our Privacy Policy describes how we process personal information as a controller (e.g., site analytics, billing).
  • Processor/DPA. For non-PHI personal data we process on your behalf (e.g., patient contact info, scheduling metadata), our Data Processing Addendum (DPA) applies upon request.
  • Security. We implement administrative, technical, and physical safeguards appropriate for the Services (e.g., encryption in transit, least-privilege access, audit logging).
  • Records & retention. Retention periods are configurable where available and may be subject to law, BAA, or your instructions.

6) Third-Party Services & Integrations

  • You may enable integrations (e.g., telephony, WhatsApp, calendars, EHR/PMS, automation platforms). Your use of third-party services is governed by their terms.
  • We are not responsible for third-party services, their availability, or their security controls.

7) Fees, Invoicing & Taxes

  • Plans & add-ons. Fees are described in your Order and on the Pricing page. Usage beyond included bundles (messages/minutes) incurs overages at posted rates plus carrier fees at cost.
  • Billing. Unless stated otherwise, fees are billed in advance; usage/overages are billed in arrears. Late amounts may accrue 1.5% monthly (or the maximum allowed by law).
  • Taxes. Fees exclude taxes; you are responsible for applicable taxes except those based on Xolvion’s income.

8) Term; Termination; Suspension

  • Term. These Terms start on your first use and continue while you use the Services or have an active Order.
  • Convenience. Unless your Order states a committed term, you may terminate at the end of your current billing period by written notice.
  • Cause. Either party may terminate for material breach if uncured within 30 days of notice.
  • Suspension. We may suspend for (a) non-payment, (b) security risk, (c) violation of law or AUP, or (d) risk to the Services or others.
  • Effect. Upon termination, you will pay all accrued fees; we will disable access and, upon request, delete or return Customer Data per the BAA/DPA/Policy.

9) Pilot & Service Levels

  • 14-Day Pilot Guarantee (if offered). As described on the site at signup: if net new booked appointments over the pilot window are not ≥15% higher than your baseline (prior 14 days), we will credit your pilot fee. Full details are in the Offer terms; misuse voids the guarantee.
  • Service availability. We aim for high availability but do not guarantee uninterrupted service, especially where dependent on carriers or third parties. If we publish an SLA for your plan, it applies as posted.

10) Messaging, Calling & Recording

  • A2P 10DLC registration. We register brand/use-case profiles where required. Approval is not guaranteed and is controlled by carriers/partners.
  • Opt-out & quiet hours. We honor STOP/HELP and your configured quiet hours and rate limits.
  • Call recording. If you enable recording, you are responsible for announcing/obtaining consent where required by law.

11) IP Ownership; License; Feedback

  • Customer Data. You retain all rights to data you provide (including call/message content, booking data, and configuration).
  • Our IP. Xolvion owns the Services, software, models, documentation, and all improvements.
  • License. We grant you a non-exclusive, non-transferable license to use the Services during your term, per your plan limits.
  • Feedback. You grant Xolvion a perpetual, worldwide, royalty-free license to use feedback to improve the Services.

12) Confidentiality

  • Each party will protect the other party’s Confidential Information with reasonable care and use it only to fulfill these Terms.
  • For PHI, the BAA controls.

13) Warranties; Disclaimers

  • Mutual. Each party represents it has the authority to enter into these Terms.
  • Xolvion. We will provide the Services in a professional and workmanlike manner consistent with documentation.
  • Disclaimer. Except as expressly stated, the Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant carrier delivery, uninterrupted operation, or outcomes.

14) Indemnification

By Xolvion. We will defend and indemnify you against third-party claims alleging that the Services (as provided by us) infringe a U.S. IP right, and pay final damages/costs, provided you

  • (a) promptly notify us,
  • (b) give us sole control, and
  • (c) cooperate. We may modify, substitute, or refund prepaid unused fees to resolve a claim.

By Customer. You will defend and indemnify Xolvion against claims arising from

  • (a) your content, scripts, or instructions;
  • (b) your unlawful use, lack of consent, or AUP violations; or
  • (c) your third-party integrations.

15) Limitation of Liability

  • Indirect damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits/revenue, even if advised of the possibility.
  • Cap. Except for your payment obligations, breach of confidentiality, or indemnity obligations, each party’s total liability is capped at the fees paid or payable in the 12 months preceding the event giving rise to the claim.
  • Carriers. Carriers are not liable to you for delayed/undelivered messages or calls.

16) Changes to the Services or Terms

  • We may update features, documentation, and policies to improve the Services.
  • We may update these Terms. For material changes, we will notify the account owner or post a notice. Continued use after the effective date constitutes acceptance.

17) Export; Sanctions

You will not use the Services in violation of export control or sanctions laws.

18) Governing Law; Dispute Resolution

  • Law & venue. These Terms are governed by the laws of the State of Texas, excluding conflict rules. Courts in Travis County, Texas have exclusive jurisdiction.
  • Injunctive relief. Either party may seek injunctive or equitable relief at any time.

19) Miscellaneous

  • Entire agreement. These Terms, together with your Order, BAA, DPA, and policies referenced, are the entire agreement.
  • Assignment. You may not assign without our consent; we may assign to an affiliate or in connection with a merger or sale.
  • Notices. Legal notices must be sent to the addresses below. Routine notices may be sent via the product or email.
  • Severability; waiver. If a provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
  • Force majeure. Neither party is liable for delays caused by events beyond reasonable control (excluding payment obligations).

20) Contact

 Xolvion LLC
 Austin, TX, USA
 Email: info@xolvionhealth.com