TERMS OF SERVICE
Pointer Marketing and Data Solutions
Effective Date: 01/01/2026
Last Updated: 01/31/2026
These Terms of Service ("Terms") govern your access to and use of the services provided by Pointer Marketing and Data Solutions ("Company," "we," "us," or "our"). By accessing our website or purchasing our services, you ("Client," "you," or "your") agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our services.
---
## 1. COMPANY INFORMATION
Company Name: Pointer Marketing and Data Solutions
Business Type: Sole Proprietorship
State of Formation: Kansas
Website: www.pointermarketinganddatasolutions.com
Contact Email: [email protected]
Mailing Address: 1215 W Fultz St, Wichita, KS 67217
Phone: 316-366-0641
---
## 2. DEFINITIONS
For purposes of these Terms:
- "AI Services" means AI voice agents, AI chatbots, marketing automation tools, and related artificial intelligence-driven services.
- "Client Data" means all information, data, scripts, prompts, call recordings, customer lists, training materials, pricing information, service areas, and business rules provided by Client.
- "Protected Health Information" or "PHI" means individually identifiable health information as defined by HIPAA when Client is a covered entity under HIPAA (such as a healthcare provider).
- "Third-Party Platforms" means software and services not owned by us, including but not limited to GoHighLevel, Zoom, Google, and Stripe.
- "Subscription" means a recurring monthly service plan.
- "Setup Fees" means one-time onboarding, configuration, training, or deployment fees.
- "Business Associate Agreement" or "BAA" means a HIPAA-compliant agreement required when we process PHI on behalf of a covered entity.
---
## 3. SERVICES PROVIDED
We provide AI-powered marketing and automation services for chiropractic practices, including but not limited to:
- AI voice agents for inbound and outbound calls
- AI chatbots for websites, SMS, and messaging platforms
- Marketing automation and CRM workflows
- Lead intake, routing, and follow-up automation
- Appointment scheduling and reminder systems
- Patient communication and engagement tools
- Related consulting, optimization, and integration services
- Non-AI data-driven consultation services and courses
Specific services, pricing, and deliverables will be outlined in a written proposal, order form, or service agreement ("Service Agreement"), which is incorporated into these Terms by reference.
For Healthcare Clients: If you are a covered entity under HIPAA, a separate Business Associate Agreement must be executed before any services involving PHI are provided.
---
## 4. AI-SPECIFIC DISCLAIMERS AND LIMITATIONS
- No Guarantee of Results. AI systems generate probabilistic outputs. We do not guarantee lead volume, booked appointments, patient acquisition, revenue increases, accuracy of responses, or customer satisfaction.
- Human Oversight Required. AI Services are not a replacement for human decision-making. You are responsible for reviewing and supervising AI-generated interactions, especially those involving medical advice, treatment recommendations, or patient care.
- Training Dependence. AI effectiveness depends on the accuracy and completeness of Client Data.
- Errors and Hallucinations. AI systems may generate incorrect, incomplete, or misleading outputs. You assume all risk arising from reliance on AI responses.
- Not Medical Advice. AI Services do not provide medical advice, diagnosis, or treatment. AI communications are for administrative, scheduling, and informational purposes only.
- Healthcare-Specific Limitations. For chiropractic clients:
- AI agents cannot diagnose conditions, prescribe treatments, or provide clinical advice
- AI interactions should be limited to appointment scheduling, general inquiries, and administrative tasks
- Any health-related information requests should be directed to licensed practitioners
- You remain solely responsible for all clinical decisions and patient care
---
## 5. CLIENT RESPONSIBILITIES
You agree to:
- Provide lawful, accurate, and non-infringing Client Data.
- Ensure all pricing, service availability, warranties, and representations are accurate.
- Obtain all required customer consents for communications, call recordings, and data usage.
- Monitor AI activity and promptly report errors or misuse.
- Use the services only for lawful and ethical business purposes.
Additional Responsibilities for Healthcare Clients:
- HIPAA Compliance: Execute a Business Associate Agreement before sharing any PHI.
- Patient Consent: Obtain proper patient consent for AI-assisted communications, call recordings, and data processing as required by HIPAA and applicable state laws.
- Clinical Oversight: Ensure that AI interactions do not substitute for professional medical judgment or licensed practitioner oversight.
- Scope of Use: Configure AI services to handle only administrative functions (scheduling, reminders, general inquiries) and not clinical assessments or treatment advice.
- Notice to Patients: Provide appropriate notice to patients that their communications may involve AI systems and/or be processed by a third-party vendor (us).
- Regulatory Compliance: Ensure compliance with all applicable healthcare regulations, including but not limited to HIPAA, state chiropractic board regulations, telehealth laws, and advertising restrictions.
- Professional Liability: Maintain adequate professional liability insurance covering your practice activities.
- Accurate Information: Ensure all practice information, services offered, qualifications, and treatment descriptions are accurate and comply with professional advertising standards.
---
## 6. PAYMENT TERMS
- Fees. Services may include non-refundable setup fees and monthly recurring subscription fees.
- Billing Cycle. Monthly subscriptions are billed in advance on a recurring basis.
- Payment Processing. Payments are processed via Stripe.
- Late or Failed Payments. We may suspend or terminate services for non-payment.
- Taxes. You are responsible for all applicable taxes.
---
## 7. REFUND POLICY
- Setup Fees: Non-refundable once onboarding or configuration has begun.
- Monthly Subscriptions: Non-refundable after the billing cycle starts.
- Service Credits: Issued solely at our discretion and not guaranteed.
---
## 8. INTELLECTUAL PROPERTY
- Company IP. We retain all rights to our AI models, prompts, workflows, automation logic, software configurations, and methodologies.
- Client IP. You retain ownership of Client Data, including PHI.
- License Grant. You receive a limited, non-exclusive, non-transferable license to use the AI Services during the active term.
- Feedback. Any feedback provided may be used by us without restriction or compensation, provided such feedback does not contain PHI or confidential patient information.
---
## 9. DATA PRIVACY AND SECURITY
- We use commercially reasonable safeguards to protect Client Data.
- We are not responsible for security incidents caused by third-party platforms or Client actions.
- Client Data may be processed, stored, or transmitted through Third-Party Platforms.
- You acknowledge that no data system is completely secure.
For Healthcare Clients:
- HIPAA Compliance: We implement administrative, physical, and technical safeguards as required by the HIPAA Security Rule.
- Business Associate Agreement: A separate BAA governs our handling of PHI and includes specific security obligations, breach notification procedures, and compliance requirements.
- PHI Protection: PHI is encrypted in transit and at rest, access-controlled, and subject to audit logging.
- Subcontractors: We execute HIPAA-compliant Business Associate Agreements with all subcontractors who may access PHI.
- No Use for Training: We do not use PHI to train AI models or for any purpose outside the scope of our services.
- See Privacy Policy: Our HIPAA compliance practices are detailed in our Privacy Policy, which is incorporated by reference.
---
## 10. THIRD-PARTY INTEGRATIONS
Our services may integrate with platforms including, but not limited to:
- GoHighLevel
- Stripe
- Google Workspace
- Twilio
- OpenAI
- Google Cloud
We are not responsible for outages, pricing changes, feature modifications, or failures caused by Third-Party Platforms. Your use of such platforms is governed by their respective terms.
For Healthcare Clients: Third-party platforms that process PHI are HIPAA-compliant and have executed Business Associate Agreements with us. However, we are not responsible for their independent security breaches or service failures.
---
## 11. SERVICE LEVELS AND UPTIME
- Services are provided on an "as-available" basis.
- We do not guarantee uninterrupted or error-free service.
- Scheduled maintenance and third-party outages may affect availability.
- No service level credits apply unless explicitly agreed in writing.
Healthcare Service Considerations:
- You acknowledge that service interruptions may affect appointment scheduling and patient communications.
- You are responsible for maintaining backup communication systems and manual processes.
- We are not liable for missed appointments, patient care delays, or clinical outcomes resulting from service outages.
---
## 12. TELEPHONE AND COMMUNICATION COMPLIANCE
You are solely responsible for compliance with all applicable communication laws, including but not limited to:
- Telephone Consumer Protection Act (TCPA)
- CAN-SPAM Act
- State telemarketing and consumer protection laws
- Call recording and consent requirements
- HIPAA regulations regarding patient communications
Healthcare-Specific Compliance:
For chiropractic and healthcare clients, you are additionally responsible for:
- State Chiropractic Board Regulations: Compliance with advertising, solicitation, and patient communication rules established by your state chiropractic board or licensing authority.
- Patient Privacy: Ensuring all communications comply with HIPAA Privacy Rule requirements, including minimum necessary standards and patient authorization when required.
- Consent for Communications: Obtaining proper patient consent for:
- Automated appointment reminders
- Marketing communications (if applicable)
- Call recordings when discussing health information
- Text message communications containing PHI
- Telehealth Regulations: If applicable, compliance with state and federal telehealth laws and regulations.
- Advertising Standards: Ensuring all AI-generated communications comply with healthcare advertising regulations, including prohibitions on false or misleading claims and requirements for professional licensure disclosure.
We do not provide legal advice or compliance guarantees.
---
## 13. SMS TERMS
We collect phone numbers through website forms and consultations. By submitting your phone number, you consent to receive SMS and voice communications related to our services. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe.
By opting into SMS communications, you agree to receive recurring messages from Pointer Marketing and Data Solutions. Reply STOP to cancel, HELP for assistance.
For Healthcare Client Communications:
When we send SMS messages on behalf of healthcare clients to their patients:
- Messages may contain appointment reminders, confirmations, and practice-related information
- Patients should be informed that messages may contain health-related information
- Patients can opt out by replying STOP
- Healthcare clients are responsible for ensuring proper patient consent and HIPAA compliance
- Emergency or urgent medical matters should not be communicated via automated SMS
---
## 14. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, special, consequential, or punitive damages.
- Our total liability shall not exceed the fees paid by you in the three (3) months preceding the claim.
- This limitation applies to AI errors, missed calls, incorrect routing, downtime, data loss, and third-party failures.
Healthcare-Specific Limitations:
We are additionally not liable for:
- Missed appointments or patient no-shows resulting from communication errors
- Clinical outcomes, patient harm, or medical malpractice claims
- Regulatory fines, penalties, or enforcement actions
- HIPAA violations resulting from Client's failure to obtain proper consents or follow protocols
- Lost revenue due to service interruptions
- Damage to professional reputation
- State board disciplinary actions
- Patient complaints or grievances
You acknowledge that:
- We do not provide clinical services or medical advice
- You retain full professional responsibility for patient care
- Our services are administrative and marketing tools only
- Professional liability and malpractice insurance remains your responsibility
---
## 15. INDEMNIFICATION
You agree to indemnify and hold harmless Pointer Marketing and Data Solutions from any claims, damages, fines, penalties, or legal costs arising from:
- Your use of the services
- Client Data or instructions
- Violations of law or regulation
- Failure to obtain required customer consents
Healthcare Client Additional Indemnification:
Healthcare clients additionally agree to indemnify us from claims arising from:
- HIPAA violations resulting from your failure to execute a BAA or provide required authorizations
- Failure to obtain proper patient consent for AI communications or call recordings
- Clinical decisions, patient care, or treatment outcomes
- Violations of state chiropractic board regulations or healthcare advertising laws
- Professional malpractice or negligence claims
- Misleading or inaccurate practice information provided to us
- Unauthorized disclosures of PHI by your staff or systems
- Failure to maintain required professional licenses or insurance
---
## 16. TERM AND TERMINATION
- Term. Services are provided on a month-to-month basis unless otherwise agreed.
- Termination for Convenience. Either party may terminate per the Service Agreement.
- Termination for Cause. We may terminate immediately for non-payment, misuse, or unlawful activity.
- Effect of Termination. Access to services ceases and outstanding balances remain due.
For Healthcare Clients - PHI Handling Upon Termination:
- Upon termination, we will return or destroy all PHI as directed by you, in accordance with our Business Associate Agreement.
- If return or destruction is not feasible, we will extend protections and limit further uses and disclosures.
- We will obtain similar assurances from subcontractors.
- You remain responsible for all fees incurred prior to termination.
---
## 17. DISPUTE RESOLUTION AND ARBITRATION
- All disputes shall be resolved by binding arbitration.
- Arbitration shall take place in the State of Kansas.
- Claims must be brought individually; class actions are waived.
- Kansas law governs these Terms.
Exception: Claims related to HIPAA compliance, PHI breaches, or regulatory enforcement may be subject to federal jurisdiction as required by law.
---
## 18. DISCLAIMER OF WARRANTIES
Services are provided "AS IS" and "AS AVAILABLE." We disclaim all express and implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
Healthcare-Specific Disclaimers:
We specifically disclaim:
- Any warranty that services will prevent HIPAA violations or ensure regulatory compliance
- Any warranty of specific patient acquisition, retention, or satisfaction outcomes
- Any warranty that AI systems will perform without errors in a healthcare context
- Any warranty regarding the accuracy of AI-generated health-related communications
- Any warranty that services will meet specific clinical or administrative needs
- Fitness for use in clinical decision-making or patient diagnosis
You acknowledge:
- These services are marketing and administrative tools, not medical devices
- Clinical judgment and professional responsibility remain solely with you
- No guarantee of ROI, patient volume, or practice growth
- Results may vary based on market conditions, competition, and practice-specific factors
---
## 19. MODIFICATIONS
We may update these Terms at any time. Continued use of services constitutes acceptance of revised Terms.
For Healthcare Clients: Material changes affecting PHI handling or HIPAA compliance will be communicated directly and may require amendment of the Business Associate Agreement.
---
## 20. HEALTHCARE PROFESSIONAL REPRESENTATIONS
If you are a healthcare provider, you represent and warrant that:
- You hold all required licenses to practice in your jurisdiction
- Your licenses are current, active, and in good standing
- You are not subject to any disciplinary actions, sanctions, or restrictions
- You maintain adequate professional liability insurance
- You comply with all applicable federal and state healthcare regulations
- You have authority to enter into this agreement on behalf of your practice
- All information provided about your practice, services, and qualifications is accurate
- You will promptly notify us of any changes to your licensure status or regulatory compliance
---
## 21. PROHIBITED USES
You agree not to use our services to:
- Violate any local, state, federal, or international law
- Engage in fraudulent, deceptive, or misleading practices
- Harass, threaten, or harm individuals
- Violate HIPAA or patient privacy rights
- Make unauthorized medical claims or false advertising
- Impersonate another person or entity
- Transmit malware, viruses, or harmful code
- Interfere with or disrupt our services or systems
Healthcare-Specific Prohibited Uses:
Healthcare clients specifically agree not to:
- Use AI services to provide clinical diagnoses, treatment plans, or medical advice
- Make unsubstantiated health claims or guarantee treatment outcomes
- Violate state chiropractic board advertising regulations
- Engage in patient abandonment or inappropriate care delegation
- Share patient login credentials or allow unauthorized access to systems containing PHI
- Use services in any manner that could result in patient harm
- Misrepresent professional qualifications, credentials, or affiliations
---
## 22. BUSINESS ASSOCIATE AGREEMENT REQUIREMENT
If you are a covered entity under HIPAA (including chiropractic practices, healthcare providers, or health plans), you must execute our Business Associate Agreement before:
- Sharing any Protected Health Information (PHI) with us
- Allowing us to access systems containing PHI
- Deploying AI services that may interact with patient data
- Using any services that involve patient communications
The Business Associate Agreement:
- Is a separate legal document that supplements these Terms
- Defines permitted uses and disclosures of PHI
- Establishes specific HIPAA compliance obligations
- Details breach notification procedures
- Sets forth data security requirements
- Is required by federal law
Failure to execute a BAA before sharing PHI may result in:
- HIPAA violations and regulatory penalties
- Immediate service suspension
- Termination of services
- Legal liability for both parties
To obtain a Business Associate Agreement, contact:
---
## 23. ENTIRE AGREEMENT
These Terms, together with any applicable Service Agreement and Business Associate Agreement (if applicable), constitute the entire agreement between you and Pointer Marketing and Data Solutions.
In the event of conflict between these Terms and a Business Associate Agreement, the BAA shall control with respect to PHI handling and HIPAA compliance matters.
---
## 24. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
---
## 25. WAIVER
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
---
## 26. ASSIGNMENT
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
---
##27. Carrier Liability Disclaimer
Mobile carriers are not liable for delayed or undelivered messages.
Delivery of SMS or MMS messages is subject to effective transmission by your mobile carrier and is outside of our control. We do not guarantee the availability, accuracy, or timeliness of any text messages sent or received.
Message frequency may vary. Standard message and data rates may apply depending on your mobile carrier and plan. By opting in to receive messages, you acknowledge that your carrier may impose limitations that affect message delivery.
---
##28. Age Restriction
You must be at least eighteen (18) years of age to use our services or to opt in to receive SMS or voice communications from us.
By using our services and providing your phone number, you represent and warrant that you are at least 18 years old and legally authorized to enter into this agreement. We do not knowingly collect or solicit information from individuals under the age of 18. If we learn that we have collected personal information from a minor, we will promptly delete such information.
Link to Privacy Policy: pointermarketinganddatasolutions.com/privacy-policy
## 29. CONTACT INFORMATION
Questions regarding these Terms should be directed to:
Email: [email protected]
Phone: 316-366-0641
Mailing Address: 1215 W Fultz St, Wichita, KS 67217
For HIPAA/BAA Inquiries: [email protected]
---
END OF TERMS OF SERVICE
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Healthcare providers must also execute a Business Associate Agreement before any PHI is shared or processed.