Terms of Service

1. Agreement to Terms

By accessing or using Dalphene ("the Platform"), you agree to be bound by these Terms of Service. If you are using the Platform on behalf of a medical spa or organization, you represent that you have authority to bind that entity to these terms.

2. Service Description

Dalphene is a software-as-a-service (SaaS) platform providing medical spa management capabilities including:

• Appointment scheduling and calendar management
• Patient records and clinical documentation
• Billing, invoicing, and payment processing
• SMS and email communication
• Inventory and product management
• Reporting and analytics
• Staff management and scheduling

3. Account Responsibilities

Account Security

• You are responsible for maintaining the confidentiality of your login credentials
• You must immediately notify us of any unauthorized access
• You are responsible for all activities under your account
• Multi-factor authentication is strongly recommended and may be required

Administrator Duties

Account administrators are responsible for managing user access, maintaining appropriate role-based permissions, and ensuring all users comply with these terms and applicable regulations.

4. Acceptable Use Policy

You agree NOT to:

• Use the Platform for any unlawful purpose
• Violate any applicable laws or regulations (including HIPAA)
• Transmit malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to any part of the Platform
• Interfere with or disrupt the Platform's operation
• Use the Platform to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble the Platform
• Resell or sublicense access without authorization
• Store or transmit content that infringes on intellectual property rights

5. HIPAA Business Associate Agreement

As a Covered Entity under HIPAA, you are responsible for ensuring proper patient consent, implementing appropriate privacy policies, training your staff on HIPAA requirements, and reporting any suspected breaches to us immediately.

6. Payment Terms

Subscription

• Subscriptions are billed in advance on a monthly or annual basis
• Annual subscriptions receive a discount as specified at signup
• All fees are non-refundable except as expressly stated

Late Payment

• Late payments may incur a fee of 1.5% per month
• Access may be suspended after 15 days of non-payment
• Accounts may be terminated after 30 days of non-payment

Price Changes

We will provide at least 30 days' notice before any price increases. Price changes take effect at the start of your next billing cycle.

7. Intellectual Property

Our Property: Dalphene, including all software, content, designs, trademarks, and documentation, is owned by Automation Core and protected by intellectual property laws.

Your License: We grant you a limited, non-exclusive, non-transferable license to access and use the Platform during your subscription term for your internal business purposes.

8. Data Ownership

You grant us a limited license to process your data solely to provide the Platform services. We may use aggregated, anonymized data that cannot identify individuals for analytics and platform improvement.

9. Service Availability

Uptime Commitment

We target 99.9% uptime for the Platform, excluding scheduled maintenance and circumstances beyond our reasonable control.

Scheduled Maintenance

We perform scheduled maintenance during low-usage periods (typically 2-6 AM local time) and will provide advance notice for maintenance expected to exceed 30 minutes.

10. Limitation of Liability

11. Indemnification

You agree to indemnify and hold harmless Dalphene, Automation Core, and their officers, directors, and employees from any claims, damages, or expenses arising from your use of the Platform, violation of these terms, or infringement of any third-party rights.

12. Termination

By You

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods.

By Us

We may terminate or suspend your access immediately for violations of these terms, non-payment, or if required by law. We will provide 30 days' notice for terminations not based on violations.

Data Export

Upon termination, you have 30 days to export your data. We provide data exports in standard formats (CSV, PDF, JSON). After 30 days, data may be deleted according to our retention policies, subject to legal requirements.

13. Dispute Resolution

Before initiating formal proceedings, you agree to contact us to attempt informal resolution. Any disputes that cannot be resolved informally shall be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis and not as part of a class action.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any litigation shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.

15. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or Platform notification. Continued use after changes become effective constitutes acceptance of the modified terms.

16. Contact Information

For questions about these Terms: