Terms of Use

PLEASE READ THESE TERMS CAREFULLY. SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 19.

1. Acceptance of These Terms

These Terms of Use ("Terms") are a binding agreement between you and Scriptyx, LLC ("Scriptyx," "we," "us," or "our"). They govern your access to and use of scriptyx.com and any related pages, forms, client log-in pages, and text messaging programs (together, the "Site").

By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.

If you use the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.

2. Scope: The Site Versus the Scriptyx Platform

These Terms govern the public Site only. Use of the Scriptyx electronic medical record platform and related software and services (the "Platform") is governed by a separate written agreement between Scriptyx and the customer organization, such as a Master Subscription Agreement, and, where applicable, a Business Associate Agreement (together, "Customer Agreements").

If these Terms conflict with a Customer Agreement, the Customer Agreement controls for the matters it covers. Nothing in these Terms changes Scriptyx's obligations under a Customer Agreement or a Business Associate Agreement.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Site. The Site is intended for users in the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

4. No Medical Advice; No Provider Relationship

Scriptyx is a health information technology company. Scriptyx is not a healthcare provider and does not practice medicine or provide medical, clinical, legal, or billing advice.

Content on the Site is for general informational purposes only. It is not a substitute for professional judgment. Use of the Site does not create a physician-patient or other provider relationship between you and Scriptyx.

The Site and our text messages are not monitored for emergencies. If you have a medical emergency, call 911 or your local emergency number. For urgent health questions, contact your healthcare provider directly.

5. Do Not Submit Health Information Through the Site

Do not submit Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), or any other patient health information, through the Site's public contact forms, chat features, or email links. These channels are not designed to receive PHI.

If you are a Scriptyx customer, share PHI only through the Platform and as permitted by your Customer Agreements. Scriptyx is not responsible for PHI submitted through public Site channels in violation of this Section, and we may delete it.

6. Text Messaging Program Terms

6.1 Program description. Scriptyx operates a text messaging service that healthcare providers use to send administrative messages to their patients (the "Messaging Program"). Messages are limited to appointment scheduling and administrative coordination, such as reminders, confirmations, rescheduling notices, and requests to complete forms. Messages are sent on behalf of your healthcare provider, not by Scriptyx as a provider.

6.2 Consent. By providing your mobile number to your healthcare provider and opting in, you consent to receive recurring automated text messages from or on behalf of that provider through the Messaging Program. Consent is not a condition of receiving care or of any purchase.

6.3 Message frequency and cost. Message frequency varies based on your appointments and your provider's practices. Message and data rates may apply, according to your mobile carrier plan.

6.4 Opting out and getting help. You may opt out at any time by replying STOP to any message. You will receive one confirmation that you have been unsubscribed and no further messages from that program, unless you opt in again. Reply HELP for assistance, or contact us at scriptyxllc@gmail.com or +1-650-275-3519.

6.5 Carriers. Supported carriers may change. Mobile carriers are not liable for delayed or undelivered messages.

6.6 Content and responsibility. Your healthcare provider controls the content and timing of the messages sent to you. Questions about appointments, care, or message content should go to your provider.

6.7 Health information in text messages. Messaging Program texts are designed to exclude medical advice, clinical content, and PHI beyond what is needed for scheduling, such as an appointment date and time. Do not reply to a text message with health information. SMS is not an encrypted or secure method of communication, and messages may be delayed, misdirected, or not delivered.

6.8 Changing your number. If you change or give up your mobile number, notify your provider or reply STOP from that number first, so that messages are not sent to the number's next owner.

6.9 Privacy. We do not sell or share mobile numbers or opt-in consent data with third parties for their marketing purposes. Our handling of personal information is described in our Privacy Policy.

7. Client Log-In and Account Security

The client log-in area is available only to authorized users of Scriptyx customers. Access to the Platform through it is governed by the applicable Customer Agreements.

You are responsible for keeping your credentials confidential and for all activity under your account. Do not share credentials or let anyone else use your account. Notify us immediately at scriptyxllc@gmail.com if you suspect unauthorized access. We may suspend access to protect the security of the Site, the Platform, or other users.

8. Acceptable Use

You agree not to:

• Use the Site in violation of any law or regulation, or to infringe anyone's rights.
• Access or attempt to access accounts, systems, or data you are not authorized to access.
• Probe, scan, or test the vulnerability of the Site, or breach any security or authentication measure, except as permitted under a written security testing agreement with Scriptyx.
• Interfere with the Site's operation, including through viruses, malware, denial-of-service attacks, or excessive automated requests.
• Scrape, crawl, or harvest content or data from the Site by automated means, except standard search engine indexing that follows our robots.txt file.
• Copy, modify, reverse engineer, or create derivative works of the Site, except as the law expressly allows.
• Submit false, misleading, or fraudulent information, or impersonate any person or organization.
• Use the Site or its content to develop a competing product, or to train machine learning or artificial intelligence models, without our written consent.
• Frame or mirror the Site, or remove or obscure any proprietary notice.

9. Intellectual Property and Limited License

The Site and its content, including text, graphics, logos, designs, software, and the selection and arrangement of content, are owned by Scriptyx or its licensors and protected by intellectual property laws. "Scriptyx" and the Scriptyx logo are trademarks of Scriptyx. You may not use them without our prior written permission.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal or internal business purposes. All rights not expressly granted are reserved.

10. Your Submissions and Feedback

When you submit information through the Site, such as a contact or demo request form, you represent that it is accurate and that you have the right to provide it. We use submissions as described in our Privacy Policy.

If you send us ideas, suggestions, or feedback about our products or the Site ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you. Feedback is not confidential.

11. Third-Party Links and Services

The Site may link to or integrate third-party websites and services that we do not control. We are not responsible for their content, products, security, or privacy practices. Your use of them is at your own risk and subject to their terms.

12. Privacy

Our Privacy Policy explains how we collect, use, and share personal information through the Site. PHI processed through the Platform on behalf of customers is handled under the applicable Customer Agreements and Business Associate Agreements, not under the Privacy Policy.

13. Informational Content, Results, and Forward-Looking Statements

Statements on the Site about time savings, staffing, efficiency, or other outcomes, such as hours saved per physician per week, reflect reported customer experience or internal estimates. Results vary by practice, specialty, workflow, and implementation. They are not guarantees of any result.

Descriptions of AI-assisted features are general summaries. AI features assist clinicians and staff. Users remain responsible for reviewing, editing, and approving all clinical documentation, coding, and billing before relying on it.

The Site may describe planned features or future plans. These statements reflect current expectations, may change without notice, and are not commitments to deliver any feature. Purchasing decisions should rely only on the terms of a signed Customer Agreement.

We try to keep Site content accurate and current, but it may contain errors or become out of date. We may change or remove content at any time.

14. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRIPTYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT CONTENT IS ACCURATE OR COMPLETE, OR THAT TEXT MESSAGES WILL BE DELIVERED ON TIME OR AT ALL. Warranties for the Platform, if any, appear only in the applicable Customer Agreement.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRIPTYX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THE MESSAGING PROGRAM, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THE MESSAGING PROGRAM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

These limits apply to all theories of liability, including contract, tort, negligence, and strict liability. They do not limit liability that cannot be limited under applicable law, such as liability for gross negligence, willful misconduct, or fraud where the law prohibits limitation. They also do not apply to the Platform, where liability is governed by the applicable Customer Agreement.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Scriptyx and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of (a) your violation of these Terms, (b) your violation of any law or third-party right, or (c) information you submit through the Site.

17. Suspension and Termination

We may suspend or end your access to all or part of the Site at any time, with or without notice, if we reasonably believe you have violated these Terms or that doing so is needed to protect the Site, our users, or Scriptyx. Sections 5 and 9 through 22 survive any termination.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on the Site and change the "Last Updated" date. For material changes, we will provide reasonable advance notice, such as a notice on the Site or by email to account holders, before the changes take effect.

Changes apply going forward only. They do not apply to disputes that arose, or claims filed, before the changes took effect. Your continued use of the Site after the effective date means you accept the updated Terms. If you do not agree, stop using the Site.

19. Dispute Resolution and Binding Arbitration

19.1 Informal resolution first. Before starting arbitration or a court action, you and Scriptyx agree to try to resolve any dispute informally for at least 60 days. Send a written notice describing the dispute and the relief sought to scriptyxllc@gmail.com or to the mailing address in Section 22. We will send notices to you using the contact information you have given us.

19.2 Agreement to arbitrate. If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Messaging Program will be resolved by binding individual arbitration, not in court. This includes disputes about the scope or enforceability of this Section, which the arbitrator decides. The Federal Arbitration Act governs this Section.

19.3 Rules and location. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. Arbitration will take place in San Mateo County, California, unless the AAA rules require otherwise or you and Scriptyx agree to a remote or document-only hearing. Payment of AAA fees follows the AAA rules.

19.4 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive relief in court to stop actual or threatened infringement or misuse of intellectual property or unauthorized access to systems.

19.5 Class action waiver. YOU AND SCRIPTYX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.

19.6 Public injunctive relief. Nothing in this Section waives any right to seek public injunctive relief that cannot be waived under applicable law. Any such claim will be decided in court after the individual claims are arbitrated.

19.7 Mass filings. If 25 or more similar demands are filed by or with the help of the same counsel or coordinated group, the AAA's mass arbitration procedures will apply, and the demands may be administered in staged batches.

19.8 30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to scriptyxllc@gmail.com within 30 days after you first accept these Terms. The notice must include your name, mailing address, and email address, and state that you opt out of arbitration. Opting out does not affect any other part of these Terms.

19.9 Severability. If any part of this Section is found unenforceable, the rest remains in effect, except as stated in Section 19.5.

20. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and by the Federal Arbitration Act for Section 19. For any dispute not subject to arbitration, you and Scriptyx consent to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California.

21. General Terms

• Electronic communications. You consent to receive communications from us electronically, including by email and notices on the Site. These communications satisfy any legal requirement that a communication be in writing.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Scriptyx about the Site. Customer Agreements govern the Platform.
• Severability. If any provision is found unenforceable, it will be limited to the minimum extent needed, and the rest of the Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including carrier outages, internet failures, natural disasters, and acts of government.
• Export. You may not use or export the Site's content in violation of U.S. export laws.
• California users. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• Headings. Section headings are for convenience only and have no legal effect.

22. Contact Us

Questions about these Terms can go to:

Scriptyx, LLC1025 Alameda de las PulgasBelmont, CA 94002Email: scriptyxllc@gmail.comPhone: +1-650-275-3519