Terms of Service

Welcome to MedMagic. By using our patient acquisition, marketing, CRM, automation, analytics, scheduling, and related practice-growth services (“Service”), you (“Customer,” “Practice,” or “User”) agree to be bound by these Terms of Service (“Terms”). Please read them carefully before using the Service.

1. Acceptance of Terms

By signing up, accessing, or using the Service, you represent that you have the authority to bind your healthcare practice or organization to these Terms. If you do not agree, you must not access or use our Service.

2. Medical Compliance & BAA

Customer acknowledges that the Service processes Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA). Usage of the Service is conditioned upon both parties executing a standard **Business Associate Agreement (BAA)**. Customer is solely responsible for maintaining patient privacy within their practice systems and securing patient consent where applicable for telephone and SMS communications.

3. Service Access & EMR Integrations

We grant you a non-exclusive, non-transferable, revocable license to access the MedMagic system.

When requested, the Service may connect with your scheduling, CRM, or Electronic Health Record (EHR/EMR) systems. Customer must supply any necessary permissions or credentials required for an approved connection. MedMagic is not liable for errors, outages, or data-sync issues arising from a connected system provider.

4. Patient Communications & SMS Consent

When utilizing the Service to send automated messages, reminders, or follow-up communications to leads or patients:

• Customer warrants that they have acquired all necessary consents, opt-ins, and clearances from patients in accordance with the TCPA (Telephone Consumer Protection Act) and standard healthcare communication best practices.
• Patients must be provided with clear, automated ways to opt-out of SMS reminders (e.g., replying “STOP”).

5. Guarantee & Risk-Free Working Policy

Our performance guarantee states: *“MedMagic will transform your practice or we keep working for free.”*

Under this guarantee, if the acquisition and conversion system is not performing as estimated during initial onboarding, MedMagic will dedicate technical support and optimization resources to improve results at no additional cost to the customer. This guarantee does not constitute a refund policy, and all standard service subscriptions are non-refundable unless specified otherwise in your customized Service Order.

6. Limitation of Liability

To the maximum extent permitted by law, in no event shall MedMagic, its founders, or subcontractors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, medical practice revenue, or clinical data. MedMagic's total liability for any claims arising from the Service shall be capped at the amount paid by the Customer in the three (3) months preceding the event.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved in Dallas, Texas.