Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between MOWA LABS LLC (“Company,” “we,” “us,” or “our”), a limited liability company, and you (“Customer,” “you,” or “your”) governing your access to and use of the DeskCare.ai platform, website, AI voice agent, scheduling services, SMS integrations, analytics dashboard, and all related features and services (collectively, the “Services”).

By creating an account, clicking “I Agree,” submitting a demo request, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case “you” and “your” refer to that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

DeskCare.ai is an AI-powered front desk automation platform designed for healthcare practices. Our Services include:

• AI Voice Receptionist: An intelligent inbound call handling system that can answer patient inquiries, capture scheduling intent, and manage calls 24/7.
• Appointment Scheduling: Automated booking and scheduling assistance integrated with your practice management system (PMS) or electronic health records (EHR).
• SMS Communications: Automated appointment confirmations, reminders, and post-call summaries sent to patients.
• Custom Knowledge Base: Clinic-specific FAQ and policy training for the AI agent.
• Analytics Dashboard: Real-time call analytics, transcripts, intent tagging, and ROI reporting.
• PMS/EHR Integrations: Connections to supported third-party scheduling and practice management software.

The specific features available to you depend on the subscription plan you have selected. We reserve the right to modify, expand, or discontinue features at any time, with reasonable notice where practicable.

3.1 Eligibility

To use the Services, you must: (a) be at least 18 years of age; (b) have the legal authority to enter into binding contracts; and (c) if using the Services on behalf of a healthcare entity, be authorized to do so by that entity. The Services are intended for business use by healthcare practices and are not for personal, family, or household use.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify us at [email protected] if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false information may result in immediate termination of your account.

4.1 Subscription Plans

DeskCare.ai is offered on a subscription basis. Plan details, including features, usage limits, and pricing, are described on our pricing page and in your order confirmation. We reserve the right to modify pricing with at least 30 days' prior notice to existing customers.

4.2 Billing & Payment

Subscription fees are billed in advance on a monthly or annual basis, as selected during signup. By providing payment information, you authorize MOWA LABS LLC (through our payment processor) to charge the applicable fees. All fees are in US Dollars and are non-refundable except as expressly stated in these Terms or as required by law.

4.3 Overdue Payments & Suspension

If payment fails, we will attempt to notify you. We reserve the right to suspend or downgrade your access if payment remains overdue after 10 days. Continued failure to pay may result in account termination and referral to collections.

4.4 Taxes

You are responsible for all applicable taxes, duties, and similar charges related to your use of the Services, except for taxes on our income. Where required, we may collect and remit applicable sales or use taxes.

5.1 Permitted Use

You may use the Services solely for your internal business operations as a healthcare practice and in accordance with these Terms and all applicable laws.

5.2 Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable federal, state, or local laws
• Violate HIPAA, HITECH, or any other applicable healthcare privacy or security laws
• Reverse engineer, decompile, or attempt to extract the source code of the Services
• Resell, sublicense, or otherwise make the Services available to third parties without written consent
• Use the Services to transmit spam, unsolicited communications, or deceptive content
• Introduce malware, viruses, or other harmful code into the Services
• Attempt to gain unauthorized access to any systems or data related to the Services
• Use the Services in a manner that imposes an unreasonable load on our infrastructure
• Use the Services to fraudulently impersonate any person or entity
• Harvest or scrape data from the Services without express written permission

5.3 Healthcare Compliance Obligations

As a healthcare provider or entity, you are responsible for ensuring your use of DeskCare.ai complies with HIPAA, state patient privacy laws, and any regulations applicable to your practice. You agree to execute a Business Associate Agreement (BAA) with MOWA LABS LLC prior to transmitting any Protected Health Information through the Services.

6.1 Our Property

The Services, including all software, AI models, interfaces, content, trademarks, logos, and documentation, are the exclusive property of MOWA LABS LLC and its licensors. These Terms do not grant you any ownership interest in the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the subscription term.

6.2 Your Data

You retain all ownership rights in the data, content, and information you submit to or generate through the Services (“Customer Data”). By using the Services, you grant MOWA LABS LLC a limited license to process Customer Data as necessary to provide, operate, and improve the Services, subject to our Privacy Policy and any applicable BAA.

6.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant MOWA LABS LLC a perpetual, irrevocable, royalty-free license to use such feedback for any purpose, including product improvement, without any obligation of compensation or attribution.

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that: (a) is or becomes publicly known without breach; (b) was rightfully known before disclosure; (c) is independently developed without reference to the confidential information; or (d) is required to be disclosed by law or court order.

MOWA LABS LLC does not warrant that:

• The Services will be error-free, uninterrupted, or available at all times
• The AI voice agent will accurately understand or respond to all patient communications
• Appointment scheduling will be free of conflicts or errors
• The Services will meet all regulatory requirements applicable to your specific practice

OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO MOWA LABS LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless MOWA LABS LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of applicable laws, including HIPAA; (c) any content or data you submit through the Services; or (d) any third-party claims arising from your use of the AI agent on behalf of patients.

11.1 Term

These Terms remain in effect as long as you maintain an active account or use the Services.

11.2 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period. No refunds are provided for unused portions of a billing period, except as required by law.

11.3 Termination by MOWA LABS LLC

We may suspend or terminate your account immediately if: (a) you materially breach these Terms; (b) you fail to pay fees when due; (c) we are required to do so by law or a regulatory authority; or (d) continuing to provide the Services poses a legal, security, or reputational risk to MOWA LABS LLC or its users.

11.4 Effect of Termination

Upon termination, your license to use the Services ends immediately. We will provide a reasonable window (30 days, unless termination is for cause) for you to export your Customer Data. After this window, we may delete your data as described in our Privacy Policy. Sections 6.1, 6.3, 7, 8, 9, 10, 12, and 14 survive termination.

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

12.2 Informal Resolution

Before initiating formal dispute proceedings, you agree to contact MOWA LABS LLC at [email protected] and attempt to resolve the dispute informally. We will work in good faith to resolve any issue within 30 days.

12.3 Binding Arbitration

If informal resolution fails, all disputes arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding.

12.4 Class Action Waiver

If your use of DeskCare.ai involves the creation, receipt, maintenance, or transmission of Protected Health Information (PHI) as defined under HIPAA, you are required to execute a Business Associate Agreement (BAA) with MOWA LABS LLC prior to transmitting any such information. You may request a BAA by contacting us at [email protected]. Use of the Services to process PHI without an executed BAA is a material breach of these Terms.

14.1 Entire Agreement

These Terms, together with the Privacy Policy, any executed BAA, and any applicable order forms, constitute the entire agreement between you and MOWA LABS LLC with respect to the Services.

14.2 Amendments

We may modify these Terms at any time. Material changes will be communicated via email or in-platform notice at least 14 days in advance. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.

14.3 Waiver & Severability

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in full force.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you.

14.5 Force Majeure

MOWA LABS LLC will not be liable for delays or failures in performance resulting from events beyond our reasonable control, including natural disasters, telecommunications failures, government actions, or third-party service outages.

14.6 No Medical Advice

DeskCare.ai is an administrative automation platform. Nothing in the Services or its outputs constitutes medical advice, diagnosis, or treatment. All clinical decisions must be made by licensed healthcare professionals. MOWA LABS LLC is not liable for any clinical or patient care outcomes arising from use of the Services.