Terms of Service

GildyFy is a product of Sunokrom LLC, a Florida limited liability company based in Deerfield Beach, Florida (“GildyFy”, “we”, “us”).

These terms apply to the business, clinic, studio, practice or shop that opens a GildyFy account (the “Customer”, “you”) and to every person you let use it (your “team”). The person who accepts these terms says they are at least 18 and have the authority to bind the business. If you do not agree, do not use GildyFy.

People who book, pay or use a portal through your GildyFy pages are your clients or patients (“clients”). Section 20 is addressed to them.

GildyFy is software for appointment businesses: a public booking page, reminders by text and email, packages and payment plans paid through your own Stripe account, client records, a client portal, and for some business types a chart, an injection record and a staff assistant that uses artificial intelligence.

GildyFy is not a health care provider, a bank, a money transmitter, a payment processor, a law firm or an insurer. We do not provide medical, legal, tax or financial advice. You run your business; GildyFy is a tool you use to run it.

• Give accurate information and keep it current.
• Keep sign-in details secret. You are responsible for everything done under your account and by your team, including the roles and access you give them.
• Tell us at hello@gildyfy.com as soon as you suspect someone has used an account without permission.
• You may sign in with Google. Google’s terms apply to that sign-in.
• To support you, GildyFy staff may open a time-limited support session on your account. While it is open, they can see what an owner can see, including client records. Each session is logged, you can see it in your settings, and you can end it at any time.

• Trial. New accounts get 14 days free. No card is needed. A card may be added during the trial; it is first charged when the trial ends, or on the day you subscribe if fewer than 2 days of trial remain. If you do not choose to continue, the trial ends and nothing is charged.
• Fees. After the trial, the monthly price for your type of business is the one shown at https://gildyfy.com/pricing when you subscribe, or the price we agree with you in writing. A promotion code applies as shown at checkout. Fees are billed monthly in advance through Stripe and renew each month until you cancel.
• Cancelling. You can cancel at any time on Your GildyFy plan in the app, or by writing to hello@gildyfy.com. Cancelling stops the next renewal; your plan stays active until the end of the month you paid for. Fees already paid are not refunded, except where the law requires it.
• After the trial. If the trial ends without a subscription, or a fee stays unpaid as described below, we may limit access to the staff console until you subscribe or pay. Your data is kept as section 7 describes.
• Price changes. We may change prices. We will tell you by email at least 30 days before a change applies to you, and you may cancel before it does.
• Late payment. If a fee is unpaid 30 days after we tell you, we may suspend the account until it is paid.
• Taxes. Fees do not include taxes. You pay any sales, use or similar tax that applies, other than taxes on our income.

• Payments from your clients are processed by Stripe through your own Stripe account. You must accept Stripe’s Connected Account Agreement and follow Stripe’s rules. Stripe, not GildyFy, holds and moves the money.
• You are the seller and the merchant of record. GildyFy is not a party to any sale between you and a client.
• You set your prices, your refund and cancellation policies, and your payment plans. You are responsible for them and for telling your clients about them.
• When you sell a package on a payment plan, you instruct GildyFy to charge the client’s saved card on the dates of the plan and to retry a failed charge. You are responsible for having the client’s authorization for those charges.
• Refunds, chargebacks, disputes, failed or reversed payments, and any amounts Stripe holds, reserves or claws back are between you, your client and Stripe. GildyFy does not decide them and is not liable for them.
• GildyFy charges no platform fee on payments today. If that changes, it is a price change under section 4, with the notice that section requires.

GildyFy sends texts and emails on your behalf: booking confirmations, reminders, verification codes, payment links, receipts and the reminders your team schedules. For those messages you are the sender.

• You are responsible for having each client’s consent to receive them at the number and address they gave, and for complying with the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, the CAN-SPAM Act, carrier rules and any other law that applies to you.
• GildyFy is for messages about a client’s own appointments, payments and care. Do not use it to send advertising or promotions unless you hold the separate consent the law requires for them.
• If a client tells you or us that they no longer want messages, you must stop messaging them and update their record promptly. GildyFy does not process replies such as “STOP” automatically on every channel.
• Do not put more personal or health information in a message than the message needs.
• We do not guarantee that a message is delivered or delivered on time. Carriers and providers may filter, delay or block messages. We may limit, delay or suspend messaging to protect clients, carriers or the service.

• Ownership. Information you, your team and your clients put into GildyFy (“Customer Data”) belongs to you or to them. We claim no ownership of it.
• Our use. You give us permission to host, copy, transmit and display Customer Data only as needed to provide, secure, support and improve the service, and as you instruct. We act as your service provider for your clients’ information. Our Privacy Policy describes how we handle personal information.
• Usage data. We collect information about how the service is used to run, secure and improve GildyFy. Where we use it for anything else, we use it in a form that does not identify you or any client.
• Your responsibilities. You are responsible for the accuracy and lawfulness of Customer Data, for the notices and consents your clients must receive, and for meeting the record-keeping and retention duties that apply to your profession.
• Keep your own records. GildyFy is not a backup or archive service. Keep your own copies of any record you are required to keep.
• After you leave. If you ask within 30 days after your account ends, we will give you a copy of the Customer Data we can reasonably export. After that we may delete it, except what the law requires us to keep and copies that remain in backups until they are overwritten.

• GildyFy is not offered as a HIPAA-compliant service. We do not currently sign Business Associate Agreements, and we do not agree to act as your business associate.
• You decide whether you may lawfully use GildyFy for information about your clients’ health. If you are a covered entity or business associate under HIPAA, or another health-privacy law applies to you, you are solely responsible for determining whether your use complies, and you must not put protected health information into GildyFy where the law would require an agreement that is not in place.
• GildyFy does not practise medicine and is not a medical device. Charts, trends, attention lists, alerts, reminders, dose and reconstitution helpers and any other output are aids for your team. They may be incomplete, late or wrong. Your licensed professionals make every clinical decision and must check every figure before relying on it.
• You are responsible for your professional licences, supervision, scope of practice, and for the products and treatments you provide.

• Some features send information to third-party AI providers to produce an answer, a draft or a transcript. This includes the record of the client a team member is working on and what the team member types, dictates or uploads.
• AI output can be inaccurate, incomplete or out of date. A person on your team must review it before using it. It is not medical advice and must not be the only basis for a clinical decision.
• Changes the assistant proposes to a record are made only when a member of your team approves them, unless your business has turned on automatic changes for that action. You are responsible for what you approve and for what you allow to be automatic.
• We do not use Customer Data to train our own AI models.

GildyFy works with services run by other companies, such as Stripe, Google Calendar, email and text-message providers. Their own terms and privacy policies apply to them. We are not responsible for their acts, fees, outages or changes, and a feature that depends on them may stop working if they change or withdraw their service.

You and your team will not:

• break the law or anyone’s rights, or help someone else do so;
• sell or promote anything unlawful, including prescription medicines or controlled substances sold or dispensed without the licences and prescriptions the law requires;
• send spam, deceptive messages or messages to people who have not agreed to them;
• upload malicious code, probe or attack the service, or get around its limits or security;
• copy, resell, scrape or reverse engineer the service, or use it to build a competing product;
• use another business’s or person’s information without the right to do so;
• use the service in a way that could harm clients, carriers, our providers or GildyFy.

GildyFy and everything in it, other than Customer Data, belongs to Sunokrom LLC and its licensors. We give you a limited, non-exclusive, non-transferable right to use it for your own business while your account is in good standing. If you send us ideas or feedback, we may use them without owing you anything.

Each of us will keep the other’s non-public information confidential and use it only for this agreement, except where the law requires disclosure.

• GildyFy is in an early stage. We work to keep it available, but we promise no uptime level and offer no service level agreement.
• We may add, change or remove features. We will give reasonable notice before removing a feature you rely on.
• Features marked as beta, pilot, preview or test are provided for evaluation, may change or end at any time, and are used at your own risk.

• You may stop using GildyFy and close your account at any time by writing to hello@gildyfy.com.
• We may suspend an account immediately if we reasonably believe it is breaking these terms or the law, creating risk for clients, other customers, our providers or GildyFy, or if fees remain unpaid as described in section 4.
• We may end the agreement for any reason with 30 days’ notice, or immediately for a serious or repeated breach.
• When the agreement ends, your right to use GildyFy ends. Section 4 (for fees already owed), sections 5 to 9 and 12 to 21 continue to apply.
• Payment plans stop being charged by GildyFy when your account ends. Collecting any balance from your clients is then up to you.

GildyFy IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST, THAT MESSAGES OR PAYMENTS WILL GO THROUGH, OR THAT ANY OUTPUT IS ACCURATE OR FIT FOR CLINICAL USE.

TO THE FULLEST EXTENT THE LAW ALLOWS:

(A) NEITHER GildyFy NOR ITS OWNERS, OFFICERS, EMPLOYEES OR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OR CORRUPTED DATA, OR THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

(B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO GildyFy IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS ($100).

These limits apply to every kind of claim, whether in contract, tort (including negligence), statute or any other theory. They do not apply to liability that the law does not allow to be limited. You agree that these limits are a fair allocation of risk and that we would not provide the service without them.

You will defend and indemnify Sunokrom LLC, its owners, officers, employees and providers against any claim, demand, loss, fine, penalty and cost (including reasonable attorneys’ fees) arising from: your business and the services, products and treatments you provide; Customer Data; messages sent on your behalf; payments, refunds and disputes with your clients; your or your team’s breach of these terms or of any law, including health-privacy, consumer-protection and telemarketing laws; and any dispute between you and a client, a member of your team, or a third party.

Please read this section carefully. It affects your rights.

• Talk to us first. Before starting any formal proceeding, the party with a complaint will send the other a written description of it (hello@gildyfy.com for us; your account email for you) and both will try in good faith to resolve it for 30 days.
• Arbitration. If it is not resolved, any dispute or claim arising out of or relating to these terms or the service will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, in Broward County, Florida, or by video if both agree. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction.
• No class actions. Claims may be brought only on an individual basis. Neither of us may bring or take part in a class, collective, consolidated or representative action, and the arbitrator may not combine claims of more than one customer.
• No jury. Each of us gives up the right to a trial by jury.
• Exceptions. Either of us may bring an individual claim in small-claims court, and either may ask a court for an order to stop misuse of its intellectual property or confidential information.
• Right to opt out. You may opt out of arbitration by emailing hello@gildyfy.com within 30 days after you first accept these terms, giving your business name and account email. If you opt out, disputes go to the courts named below.
• Time limit. To the extent the law allows, a claim must be started within one year after it arose, or it is permanently barred.
• Law and courts. Florida law governs these terms, without regard to its conflict-of-laws rules. For anything not subject to arbitration, the state and federal courts located in Broward County, Florida have exclusive jurisdiction, and each of us consents to them.
• If the class-action waiver is found unenforceable for a claim, that claim will be decided in those courts and not in arbitration.

When you book, pay or use a portal on a GildyFy page, your agreement is with that business, not with GildyFy. The business decides its services, prices, policies and how it uses your information, and it is responsible for them. GildyFy provides the software on the business’s behalf.

• Questions about an appointment, a charge, a refund, a treatment or your records go to the business.
• Use the pages lawfully and only for yourself or for someone who has allowed you to act for them.
• To the fullest extent the law allows, GildyFy is not liable to you for what the business does or fails to do, and sections 16, 17 and 19 apply to any claim you may have against GildyFy.
• Our Privacy Policy explains how personal information is handled.

• Changes to these terms. We may update these terms. For a material change we will email the account owner at least 30 days before it takes effect. Continuing to use GildyFy after that date means you accept the change; if you do not, you may close your account.
• Notices. We send notices to the account owner’s email. Send yours to hello@gildyfy.com.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to an affiliate or to a successor in a merger, sale or reorganization.
• Events outside our control. We are not liable for a delay or failure caused by events beyond our reasonable control, including failures of the internet, carriers, hosting or payment providers.
• Whole agreement. These terms, the Privacy Policy and any written order between us are the whole agreement about the service and replace earlier ones.
• If part is invalid. If a court finds part of these terms unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not giving it up.
• Where the service is offered. GildyFy is offered to businesses in the United States.

Sunokrom LLC, Deerfield Beach, Florida. Email: hello@gildyfy.com. Phone: +1 754 714 8742.