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Terms of Use

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These Terms of Use (“Terms”) are a binding agreement between you and NPAmplify (“NPAmplify,” “we,” “us,” or “our”). They govern your use of the NPAmplify website, application, and related services (the “Services”).

If you use the Services on behalf of a practice or other organization, you confirm that you have authority to bind that organization to these Terms. In that case, “you” means the organization.

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

PLEASE READ SECTION 16 CAREFULLY. It requires most disputes to be resolved through individual binding arbitration rather than in court, and it waives class actions. You may opt out of arbitration within 30 days, as described in Section 16.6.

1. The Services

NPAmplify is a content platform for healthcare practices. It helps you:

  • plan social media content;
  • generate draft content with the help of AI; and
  • schedule and publish that content to the social media accounts you connect.

We may add, change, or remove features over time. If a change materially reduces core functionality you have paid for, we will give you reasonable notice.

2. Eligibility and accounts

  • You must be at least 18 and able to form a binding contract.
  • You must give us accurate account information and keep it up to date.
  • You are responsible for keeping your login credentials confidential and for everything that happens under your account.
  • Tell us right away at [email protected] if you suspect unauthorized access.
  • Workspaces: the workspace owner controls who is invited, what role each member has, and the content in the workspace. Owners are responsible for their members’ compliance with these Terms.

3. Subscriptions, billing, and trials

  • Fees. Paid plans are billed in advance, monthly or annually, at the prices shown when you subscribe. Fees do not include taxes. You are responsible for any applicable taxes.
  • Automatic renewal. Subscriptions renew automatically at the end of each billing period until you cancel. By subscribing, you authorize us (through our payment processor) to charge your payment method for each renewal.
  • Free trials. If you start a trial, it converts to a paid plan when it ends unless you cancel before then.
  • Changes to plans or prices. Upgrades take effect immediately, with a prorated charge. Downgrades take effect at the next billing period. We will give you at least 30 days’ notice before a price change applies to your subscription.
  • Cancellation. You can cancel at any time in your account settings. You keep access until the end of the current billing period.
  • Refunds. Except where required by law or stated otherwise in writing, fees are non-refundable, including for partially used periods.
  • Late payment. If a payment fails, we may suspend paid features until your account is brought current.

4. Your content

  • Ownership. You keep all rights to the material you upload and to the content generated for you in the Services (“Customer Content”).
  • License to us. You grant NPAmplify a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Content, but only as needed to provide, secure, and support the Services. This includes sending Customer Content to AI providers and publishing it to the platforms you choose.
  • Your responsibility. You confirm that you have all the rights needed for the material you upload (including images, logos, and trademarks), and that your Customer Content does not violate any law or third-party right.

5. Healthcare-specific responsibilities

NPAmplify is a marketing tool. It does not provide medical advice, and it does not create a provider-patient relationship.

No PHI. You must not enter, upload, or publish protected health information (PHI) as defined by HIPAA, or any other information that identifies a patient, through the Services. This includes patient names, images, stories, testimonials, or appointment details. NPAmplify is not a business associate and will not sign a Business Associate Agreement. We may remove PHI and suspend accounts that violate this Section.

Professional and advertising compliance. You are solely responsible for making sure published content complies with all laws and rules that apply to you. These include:

  • state medical, nursing, and pharmacy board rules on advertising and scope of practice;
  • FTC rules on advertising, endorsements, and health claims;
  • FDA rules on drug and device promotion;
  • the policies of each social media platform.

Clinical accuracy. You must have a qualified professional review any health-related content for accuracy before it is published.

6. AI-generated content

  • AI output may be inaccurate, incomplete, out of date, or similar to content generated for other users. It is a starting draft, not a finished product.
  • You must review and approve all content before it is published. You are responsible for everything published through your account, including content that was scheduled for automatic publishing.
  • NPAmplify does not guarantee that generated content is unique, error-free, or protectable by copyright.
  • We do not use your Customer Content to train AI models.

7. Connected platforms and third-party websites

  • When you connect a social media account, you authorize NPAmplify to access it and act on it on your behalf, within the permissions you grant.
  • You must follow each platform’s terms. Those platforms are not controlled by NPAmplify.
  • We are not responsible for platform outages, changes to their APIs, rejected or removed posts, or actions a platform takes against your account.
  • A platform may change or revoke access at any time. If that happens, some features may stop working.
  • Third-party websites and resources. The Services may contain links to websites, resources, or services that NPAmplify does not own or control. We provide these links only as a convenience. We do not endorse them, and we are not responsible for their content, accuracy, privacy practices, or availability. Your use of any third-party website or service is at your own risk and is governed by that third party’s terms.

8. Acceptable use

You agree not to:

  1. use the Services for anything unlawful, deceptive, or harmful;
  2. publish false or misleading health claims, or guarantees of treatment outcomes;
  3. post fake reviews or testimonials, or endorsements that are not properly disclosed;
  4. send spam, or use the Services to harass anyone;
  5. infringe intellectual property, privacy, or publicity rights;
  6. upload malware, or try to probe, scan, or breach the Services’ security (except as allowed by our Security Policy);
  7. access other customers’ data, or get around workspace or usage limits;
  8. scrape, reverse-engineer, or copy the Services, or use them to build a competing product;
  9. resell or sublicense the Services without our written permission; or
  10. use the Services in a way that violates any connected platform’s terms.

9. Our intellectual property

NPAmplify and its licensors own the Services and everything in them other than Customer Content. That includes software, templates, the content framework, designs, and trademarks.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription, in line with these Terms.

If you send us feedback or suggestions, we may use them without any obligation to you.

NPAmplify respects intellectual property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”).

10.1 Submitting a notice

If you believe material available through the Services infringes your copyright, send a written notice to our designated agent. The notice must include:

  1. a physical or electronic signature of the copyright owner or of a person authorized to act on the owner’s behalf;
  2. identification of the copyrighted work you claim has been infringed;
  3. identification of the allegedly infringing material, with enough detail for us to locate it (for example, a URL or a screenshot);
  4. your name, address, telephone number, and email address;
  5. a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Designated Copyright Agent: NPAmplify, Attn: Copyright Agent Email: [email protected]

Our designated agent’s full contact information is on file in the U.S. Copyright Office’s DMCA Designated Agent Directory.

10.2 What happens next

When we receive a valid notice, we may remove or disable access to the material identified. We will make a reasonable effort to notify the user who posted it and may forward a copy of the notice to them.

10.3 Counter-notices

If your material was removed and you believe that was a mistake or a misidentification, you may send our agent a counter-notice. It must include:

  1. your physical or electronic signature;
  2. identification of the material that was removed and where it appeared before removal;
  3. a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification;
  4. your name, address, and telephone number; and
  5. a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the U.S., any judicial district in which NPAmplify may be found), and that you will accept service of process from the person who filed the original notice.

If we receive a valid counter-notice, we may restore the material within 10 to 14 business days, unless the complaining party tells us it has filed a court action to restrain the alleged infringement.

10.4 Repeat infringers

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

10.5 Misrepresentations

Under the DMCA, anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages.

11. Electronic communications

By creating an account, you consent to receive communications from us electronically. These include emails to the address on your account, in-app notices, and postings on our website.

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may opt out of marketing emails at any time. You cannot opt out of transactional and account-related messages while you have an active account.

12. Suspension and termination

  • You may stop using the Services and close your account at any time.
  • We may suspend or terminate your access if:
    • you materially breach these Terms, including Sections 5, 8, or 10;
    • your payment is overdue; or
    • suspension is needed to protect the Services, other users, or the public, or to comply with law.
  • Where practical, we will give notice and a chance to fix the problem first.
  • After termination, you can export your Customer Content for 30 days. After that, we delete it as described in our Privacy Policy.
  • Sections 4, 5, 6, 9, and 13 through 17 survive termination.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, NPAMPLIFY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI OUTPUT WILL BE ACCURATE OR COMPLIANT, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR MARKETING OR BUSINESS RESULT.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • NPAMPLIFY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
  • NPAMPLIFY’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

15. Indemnification

You will defend, indemnify, and hold harmless NPAmplify and its owners, employees, and agents from any third-party claims, losses, and expenses (including reasonable attorneys’ fees) that arise from:

  • your Customer Content;
  • content published through your account;
  • your violation of these Terms or of any law or professional rule; or
  • your violation of any third party’s rights.

16. Dispute resolution and arbitration

16.1 Informal resolution first

Before starting arbitration or a court action, each party agrees to try to resolve the dispute informally for at least 30 days after written notice. Send notices to NPAmplify at [email protected]. We will send notices to the email address on your account.

16.2 Agreement to arbitrate

If the dispute is not resolved informally, you and NPAmplify agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, except as stated in Section 16.4.

16.3 Arbitration rules and location

  • The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect.
  • A single arbitrator will decide the dispute.
  • The arbitration will take place in Cooke County, Texas, or by video conference if both parties agree.
  • The arbitrator may award the same individual relief a court could award, but only to the individual party seeking relief.
  • Judgment on the award may be entered in any court with jurisdiction.

16.4 Exceptions

Either party may:

  • bring an individual claim in small claims court, if it qualifies; and
  • seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information.

16.5 Class action waiver

YOU AND NPAMPLIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

16.6 30-day right to opt out

You may opt out of this agreement to arbitrate by emailing [email protected] within 30 days after you first accept these Terms. Your email must include your name, your account email, and a clear statement that you want to opt out of arbitration. If you opt out, disputes will be resolved as described in Section 16.7. Opting out does not affect any other part of these Terms.

16.7 Governing law and venue

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-laws rules.

For any dispute that is not subject to arbitration (including if you opt out, or if this arbitration agreement is found unenforceable), the dispute must be brought exclusively in the state courts located in Cooke County, Texas, or in the federal court for the district and division that includes Cooke County, Texas, and both parties consent to those courts’ jurisdiction. Each party waives any right to a jury trial, to the extent permitted by law.

16.8 Severability of this Section

If the class action waiver in Section 16.5 is found unenforceable, then the entirety of Section 16.2 through 16.6 will be void, and the dispute will proceed in court under Section 16.7.

17. General

  • Changes to these Terms. We may update these Terms. We will notify you of material changes by email or in the app at least 30 days before they take effect. If you keep using the Services after that, you accept the updated Terms.
  • Entire agreement. These Terms, the Privacy Policy, any Data Processing Agreement you enter into with us, and any order form or plan terms you accept are the entire agreement between us.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is unenforceable, the rest of these Terms remain in effect.
  • No waiver. Our failure to enforce a provision is not a waiver of it.
  • Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
  • Export compliance. You may not use the Services in violation of U.S. export control or sanctions laws.
  • Notices. We send notices to your account email. You can send notices to [email protected].

Contact

Email: [email protected]