TERMS OF SERVICE

Last Modified: February 11, 2025

Thank you for choosing Funnel Cake MD! We’re excited to bring more joy, ease, and efficiency to your practice. These Terms of Service (“Terms” or “Agreement”) constitute a binding agreement between you (“you” or “Subscriber”)—which includes the individual accepting these Terms and any entity on whose behalf such individual is acting—and Funnel Cake MD (“Funnel Cake MD,” “we,” “us,” or “our”).

By accessing or using our software applications, architecture, platform, systems, websites, subdomains, or related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy and Business Associate Agreement (“BAA”) when applicable. If you do not agree with these Terms, you must discontinue using the Service.

1. DEFINITIONS & AGREEMENT STRUCTURE

Funnel Cake MD: Refers to Funnel Cake MD, the brand, and all its subsidiaries, affiliates, and related entities.

Subscriber: Refers to you, whether an individual or a Subscribing Organization, who creates an account or otherwise uses the Service.

Order: Any quotation, pricing sheet, proposal, or other document issued by Funnel Cake MD and accepted by you (including electronic acceptance), specifying subscription plans, pricing, and features.

BAA: A Business Associate Agreement between Funnel Cake MD and Subscriber, required before handling Protected Health Information (“PHI”) in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”).

These Terms incorporate by reference our Privacy Policy, any BAA you execute, and any additional guidelines or terms we might issue for particular features (“Feature Terms”). In the event of a direct conflict between the Terms and other agreements, the order of precedence is:

Your Order (if it specifically overrides certain terms here)

BAA (as it relates to PHI)

These Terms of Service

Any Feature Terms

2. IMPORTANT MEDICAL & LEGAL DISCLAIMERS

Subject to these Terms, Funnel Cake MD provides a cloud-based software solution (“Software”) and supporting infrastructure (“Network”) that may include:

Scheduling & Calendar Management

SMS/Email Communication (including A2P 10DLC compliance)

Payment Processing & Merchant Services

Analytics & Reporting

Telehealth Tools (non-clinical facilitation)

Marketing & Reminder Tools

DIY or Custom Build Services (as agreed per Order)

We reserve the right to add, remove, or modify features at our sole discretion, and certain features may require separate Feature Terms. If you enable a particular feature, you agree to abide by all specific terms and conditions associated with it.

3. SERVICE DESCRIPTION & FEATURES

Subject to these Terms, Funnel Cake MD provides a cloud-based software solution (“Software”) and supporting infrastructure (“Network”) that may include:

Scheduling & Calendar Management

SMS/Email Communication (including A2P 10DLC compliance)

Payment Processing & Merchant Services

Analytics & Reporting

Telehealth Tools (non-clinical facilitation)

Marketing & Reminder Tools

DIY or Custom Build Services (as agreed per Order)

4. HIPAA & PRIVACY COMPLIANCE

Business Associate Agreement (“BAA”)

If you intend to use the Service to create, receive, maintain, or transmit PHI under HIPAA, you must execute a BAA with Funnel Cake MD before uploading or handling PHI
Do not input PHI into the Service until the BAA is fully executed.

Data Protection

We maintain technical and organizational measures designed to protect PHI and personal data in compliance with HIPAA, the California Consumer Privacy Act (“CCPA”), the General Data Protection Regulation (“GDPR”), and other applicable data protection laws
You remain responsible for implementing internal safeguards (e.g., strong passwords, user access controls) to ensure compliance.

International Use

Funnel Cake MD is offered from within the United States and is subject to U.S. laws. We make no claims about the Service’s suitability outside the U.S. If you access or use the Service from other jurisdictions, you do so at your own risk and must comply with local laws.

Third-Party Integrations

You may enable certain third-party integrations (e.g., scheduling widgets, telehealth tools, forms). You bear the responsibility for verifying each third party’s privacy, security, and regulatory compliance measures.

5. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at our sole discretion. When significant changes are made, we will update the “Last Modified” date and provide notice (e.g., via email or in-Service notification). Your continued use of the Service after such changes indicates acceptance. If you do not agree to any updates, you must stop using the Service.

6. ACCOUNT REGISTRATION & SECURITY

Account Information

You must provide accurate, complete, and current information when registering for the Service. If your information changes, you must promptly update your account details.

Credentials

You are solely responsible for maintaining the confidentiality of your username and password. Any actions taken under your account are deemed to be authorized by you. Notify us immediately if you suspect unauthorized use of your account.s

Administrator Accounts

If you are creating an account on behalf of a Subscribing Organization, you (“Administrator”) have the authority to manage roles and privileges for end users. You are responsible for ensuring end users comply with these Terms.

7. SUBSCRIBER OBLIGATIONS & RESTRICTIONS

Compliance with Laws

You agree to use the Service in compliance with all applicable laws, including but not limited to HIPAA, CCPA, GDPR, the Telephone Consumer Protection Act (TCPA), anti-spam laws, and any relevant state-specific telehealth laws.

You must not

Reverse engineer, disassemble, or decompile the Software.
Use automated means (e.g., bots, scrapers) to collect data from the Service without permission.
Upload or transmit harmful code, viruses, or override security features.
Misuse the Service for fraudulent, unlawful, or harassing activity.
Exceed usage limits or circumvent measures to enforce them.

Third-Party Provider Agreements

Certain features may rely on third-party providers (e.g., payment gateways, telehealth solutions). By using such features, you agree to any separate terms required by those third parties. Funnel Cake MD makes no warranties regarding third-party products and services, and disclaims all liability arising from their use.

No Hardware Lease

Funnel Cake MD does not lease or provide hardware. You are responsible for acquiring compatible devices and ensuring reliable internet access.

8. FEES, BILLING & SUBSCRIPTION TERMS

Subscription Fees

Your subscription covers a base level of functionality and usage, as outlined in your Order or on our website (www.funnelcakemd.ai/pricing). Subscription fees are non-refundable and due on the schedule stated in your Order (e.g., monthly in advance).

Usage-Based Fees & Overages

Certain Service features (e.g., voice calls, SMS messages, data storage) incur pay-per-use fees if you exceed your plan’s included allotments. These rates are on our Pricing Page.
Billing of Overages: Overages are billed monthly or at intervals specified in your Order. We will make reasonable efforts to notify you of potential overages, but you are responsible for monitoring usage via the dashboard or other means.
Changes to Fees: We may adjust usage-based fees with reasonable notice. Continuing to use the Service after such notice is acceptance of the new rates.
No Chargebacks: You waive any right to initiate chargebacks or payment reversals for usage-based or subscription fees. All charges are final.

Payment Methods

We accept credit cards only at this time. You must keep your payment details accurate and up to date in your account.

Month-to-Month Term & Cancellation

Unless your Order specifies a different term, your subscription renews monthly by default. You may cancel anytime by providing 30 days’ written notice. No refunds or prorations for partial periods.

Grace Period & Suspension

If a payment is late, we will notify you via email and allow a two-week grace period to resolve the balance. After that, we may suspend or terminate your access without further notice. We do not charge interest on overdue balances, but repeated non-payment may lead to permanent termination.

Taxes & Surcharges

You are responsible for any sales, use, VAT, or other taxes. Funnel Cake MD reserves the right to pass on any carrier surcharges or fees directly related to your usage (e.g., A2P 10DLC surcharges).

9. A2P 10DLC REQUIREMENTS

Registration

U.S. carriers require Application-to-Person 10-Digit Long Code (“A2P 10DLC”) registration for SMS. You are responsible for completing any registration forms and paying associated fees.

Compliance & Liability

You must comply with carrier guidelines (including consent requirements and opt-out mechanisms) to avoid spam or unauthorized messaging. Funnel Cake MD disclaims liability for blocked or throttled SMS messages due to non-compliance.

Taxes & Surcharges

You are responsible for any sales, use, VAT, or other taxes. Funnel Cake MD reserves the right to pass on any carrier surcharges or fees directly related to your usage (e.g., A2P 10DLC surcharges).

10. INTELLECTUAL PROPERTY & OWNERSHIP

Funnel Cake MD Materials

The Service, including all text, graphics, user interfaces, trademarks, logos, designs, software code, and other content provided by or on behalf of Funnel Cake MD (“Funnel Cake MD Materials”), is owned by or licensed to us. You are granted no license to such Materials other than as stated in these Terms.

Subscriber Data

Subscriber Data” includes any data, information, or content uploaded, transmitted, or otherwise made available by you through the Service (including PHI). Subject to the rights granted to Funnel Cake MD in these Terms, you retain ownership of Subscriber Data.

License to Funnel Cake MD

By submitting Subscriber Data, you grant Funnel Cake MD a non-exclusive, worldwide, royalty-free license to use, store, and process your Subscriber Data as necessary to provide and improve the Service, and in accordance with our Privacy Policy and any applicable BAA.

Feedback

If you submit suggestions, ideas, or other feedback regarding our Service (“Feedback”), you grant us a perpetual, irrevocable, royalty-free right to use, copy, modify, and incorporate the Feedback into our products and services without any obligation to you.
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11. CONFIDENTIALITY

Confidential Information

Confidential Information” includes non-public business, technical, or financial information disclosed by one party to the other. Subscriber Data is considered your Confidential Information. Funnel Cake MD Materials (including pricing) and documentation are our Confidential Information.

Obligations

Each party agrees to use the other’s Confidential Information solely for fulfilling obligations under these Terms and to safeguard it with at least the same degree of care it uses to protect its own confidential information.

Exceptions

Confidential Information does not include information that is or becomes publicly available without breach, was lawfully in a party’s possession before disclosure, or is lawfully disclosed to a party by a third party without restriction.

12. DATA EXPORT & TERMINATION

Termination by Subscriber

You may terminate your subscription by providing 30 days’ written notice. No refunds are provided for the remaining portion of a billing cycle.

Termination by Funnel Cake MD

We may suspend or terminate your access to the Service immediately if:
You fail to pay amounts owed (after the two-week grace period).
You breach these Terms or violate the law.
We suspect fraudulent activity.
We choose to discontinue the Service in its entirety.

Data Export

You are responsible for exporting your data before termination or cancellation. Funnel Cake MD provides a basic self-serve export function if available, but is not responsible for data migration or retention after your account is deactivated, unless required by law.

Effects of Termination

Upon termination, all licenses and rights granted to you in these Terms immediately cease. You must stop using the Service and Funnel Cake MD Materials. Any outstanding fees become due immediately.

13. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL FUNNEL CAKE MD MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FUNNEL CAKE MD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

14. LIMITATION OF LIABILITY

No Indirect Damages
IN NO EVENT WILL FUNNEL CAKE MD OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Liability
TO THE EXTENT PERMITTED BY LAW, FUNNEL CAKE MD’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO FUNNEL CAKE MD IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR TEN THOUSAND DOLLARS (USD $10,000), WHICHEVER IS GREATER.
Allocation of Risk
YOU RECOGNIZE THAT FUNNEL CAKE MD SETS ITS FEES IN RELIANCE ON THE FOREGOING LIMITATION OF LIABILITY. THIS SECTION SURVIVES TERMINATION OF THESE TERMS.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Funnel Cake MD and its affiliates, officers, directors, employees, agents, and licensors from any claims, demands, damages, liabilities, judgments, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Service (including telehealth features);
Your violation of any provision of these Terms;
Your violation of any applicable law, rule, or regulation; or
Any dispute between you and a third party (e.g., a patient, telehealth partner, or vendor).

Funnel Cake MD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate in asserting any available defenses.

16. GOVERNING LAW & DISPUTE RESOLUTION

Governing Law
These Terms and any dispute arising hereunder are governed by and construed in accordance with the laws of the
State of Texas, without regard to conflict of laws principles.
Arbitration & Class Action Waiver
Any dispute, claim, or controversy arising from these Terms or the Service shall be finally resolved bybinding arbitration conducted in Harris County, Texas , under the rules of a reputable arbitration organization, rather than in court.
Class Action Waiver: You agree that any dispute will be resolved on an individual basis, and you waive the right to participate in a class or consolidated action.
Limitation Period
Any claim you bring against Funnel Cake MD must be commenced within one (1) year after the cause of action accrues. Otherwise, it is permanently barred.

17. CONFIRMATION OF ELECTRONIC COMMUNICATIONS

You consent to receiving communications from Funnel Cake MD electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements that such communications be in writing.

18. MISCELLANEOUS

Entire Agreement
These Terms, together with any BAA, Order, Privacy Policy, and Feature Terms, constitute the entire agreement and supersede all prior agreements.
Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without Funnel Cake MD’s prior written consent. We may assign or delegate our obligations under these Terms without restriction.
Severability & Waiver
If any provision is found unenforceable, the remainder of the Terms will remain in full force. Our failure to enforce any provision does not waive the right to do so in the future.
Notices
Mailing Address
: 205 E Medical Center Blvd, C/O PEDISTAT, Webster, TX 77598, United
Support/Legal Email: [email protected]
We will send notices via email or by posting on our website. You must send notices to us at the mailing or email address above
No Phone Support
Funnel Cake MD does not list a phone number for direct support; all communications will be handled electronically unless otherwise agreed.
Force Majeure
Neither party shall be liable for delays or failures to perform due to causes beyond their reasonable control, such as natural disasters, strikes, acts of war, terrorism, riots, government actions, or internet disturbances.

19. CONTACT US

If you have any questions about these Terms or need further guidance, please contact us at:

Email: [email protected]
Address: 205 E Medical Center Blvd, C/O PEDISTAT, Webster, TX 77598, United

THANK YOU FOR CHOOSING FUNNEL CAKE MD!

By using our Service, you agree to these Terms and our policies, including no chargebacks, our
two-week grace period for late payments, and all disclaimers protecting us

from undue liability. We appreciate your trust in our platform to bring a sweet sense of delight to healthcare administration.