formisoft

Terms of Service

Last updated: January 2026

1. Acceptance of Terms

By accessing or using Formisoft ("the Platform"), you agree to be bound by these Terms of Service. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization. You must be at least 18 years old to use the Platform. By using the Platform, you consent to receive electronic communications from Formisoft (such as account notifications, billing notices, and product updates), and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.

2. Description of Service

Formisoft is a practice management and patient engagement platform for healthcare providers. The Platform includes digital patient intake forms, appointment scheduling, SMS and email communications, AI-powered voice calls, payment collection via Stripe Connect, patient records management, workflow automation, team management, and API integrations. Not all features may be available on every plan.

3. Account Responsibilities

  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • You are responsible for all activity that occurs under your account

4. Data Ownership & Processing

You retain ownership of all data you submit to the Platform. By using the Platform, you grant Formisoft a limited, non-exclusive license to process, store, and transmit your data solely as necessary to provide and improve our services. For healthcare providers, we act as a business associate under HIPAA and process protected health information (PHI) only as directed. Healthcare providers must accept our Business Associate Agreement during onboarding before using the Platform to process PHI. We may collect and use aggregated, de-identified data derived from your use of the Platform for analytics, benchmarking, and product improvement. Such data will not identify you, your organization, or any individual patient.

5. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with the Platform's functionality or security
  • Transmit malware or other harmful code
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
  • Use automated tools, robots, scrapers, or similar technology to access or extract data from the Platform without our prior written consent
  • Sublicense, resell, or redistribute the Platform or any part of it
  • Collect patient data without appropriate authorization and consent
  • Send unsolicited bulk SMS or email messages through the Platform
  • Use AI voice call features to harass, threaten, or spam any person
  • Process illegal transactions or use the payment features for money laundering or fraud

6. Free Trial

Formisoft may offer a free trial period for new accounts. During the trial, certain features, including SMS messaging and voice calls, may be restricted or unavailable. The trial period is for evaluation purposes only and does not create any obligation on Formisoft to continue providing the Platform. We reserve the right to modify, limit, or discontinue trial offers at any time without notice. At the end of the trial period, your account will be locked unless you subscribe to a paid plan. Formisoft may terminate any trial account at any time and for any reason, including suspected abuse or misuse of Platform resources.

7. Payments & Billing

Paid plans are billed monthly. You authorize us to charge your payment method on file. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods. The Platform also facilitates payment collection between healthcare providers and patients via Stripe Connect. Formisoft is not a party to provider-patient transactions and is not responsible for refunds, disputes, or chargebacks related to those transactions.

8. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice. We are not liable for service interruptions beyond our reasonable control. SMS and voice delivery depend on third-party carriers and network conditions, and successful delivery is not guaranteed.

9. AI & Automated Features

The Platform offers AI-powered features, including the Virtual Receptionist, AI form builder, and workflow automation. These features use third-party AI models to generate content and process information.

  • AI-generated content may contain errors or inaccuracies. The healthcare provider is solely responsible for reviewing all AI-generated content before relying on it or sharing it with patients
  • AI voice call recordings and transcripts are stored on behalf of the provider and subject to the same data protection measures as other patient data

10. Communications Consent & Compliance

Formisoft provides tools for sending SMS, email, and AI voice communications. When Formisoft sends messages on your behalf, it does so solely at your direction and as your agent. You, the provider, are the sender of record and bear full responsibility for the content, legality, and appropriateness of all communications sent through the Platform. Formisoft does not independently initiate, compose, or authorize any patient-facing communications. You are required to ensure that your patient enrollment forms, intake workflows, and registration processes collect proper consent from patients to receive SMS, email, and voice communications before using these features.

  • You must obtain prior express written consent from each patient before sending any SMS, email, or AI voice communication through the Platform. This includes appointment reminders, follow-ups, marketing messages, and any other automated outreach
  • All communications must comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state laws governing electronic communications
  • You must promptly honor all opt-out, unsubscribe, and stop requests from patients. Failure to do so is a violation of these Terms and may result in account suspension
  • You must not send communications to any person who has previously opted out or asked to stop receiving messages from your organization
  • You must not use the Platform to send messages to numbers on the National Do Not Call Registry unless you have an established business relationship or prior express consent
  • You are solely responsible for maintaining records of patient consent and opt-out requests. Formisoft is not responsible for verifying that you have obtained proper consent before sending communications
  • Formisoft may impose usage limits, rate limits, or other restrictions on communication features to prevent abuse. These limits may be adjusted at our discretion
  • Formisoft may suspend or terminate your access to communication features immediately and without notice if we reasonably believe you are using them in violation of applicable law, these Terms, or in a manner that constitutes spam or abuse

11. SMS & Voice Delivery

  • SMS and voice messages sent through the Platform may incur carrier fees that are separate from your Formisoft subscription
  • Formisoft is not liable for delivery failures caused by carrier outages, number porting, or recipient device issues
  • Emergency numbers (911, 988, and other N11 service codes) cannot be contacted through the Platform

12. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Formisoft does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Formisoft does not warrant the accuracy, completeness, or reliability of any content generated by AI features. Your use of the Platform is at your sole risk.

13. Limitation of Liability

To the maximum extent permitted by law, Formisoft shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages resulting from your use of the Platform, including but not limited to loss of profits, data, goodwill, or business opportunity, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory. Without limiting the foregoing, Formisoft is not liable for any claims, fines, penalties, or damages arising from communications you send through the Platform, including claims under the TCPA, CAN-SPAM Act, or any other law governing electronic communications. Formisoft's total cumulative liability for all claims arising out of or related to these Terms shall not exceed the amounts you paid to Formisoft in the twelve (12) months preceding the claim.

14. Termination

We may terminate or suspend your account if you violate these Terms or for any other reason with 30 days' notice. Upon termination, you may request an export of your data within 30 days. After 30 days, we may delete your data. The following sections shall survive termination of these Terms: Data Ownership & Processing, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law & Dispute Resolution, and any other provisions that by their nature should survive.

15. Intellectual Property

Formisoft and its licensors retain all rights, title, and interest in and to the Platform, including all trademarks, service marks, logos, source code, and documentation. Nothing in these Terms grants you any right to use Formisoft's intellectual property except as necessary to use the Platform under these Terms.

16. Indemnification

You agree to indemnify, defend, and hold harmless Formisoft and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, your violation of these Terms, or your violation of any applicable law or regulation. This indemnification obligation expressly includes, without limitation, any claims related to SMS, email, or voice communications you send through the Platform, including claims for failure to obtain proper consent, failure to honor opt-out requests, or violation of the TCPA, CAN-SPAM Act, or any other applicable communications law.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the Platform after changes take effect constitutes acceptance.

18. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware and applicable United States federal law, without regard to conflict of law principles. Any dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to the Platform must be commenced within one (1) year after the claim or cause of action arises, or it is permanently barred.

19. Force Majeure

Formisoft shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, pandemics, or third-party service provider outages.

20. Waiver and Severability

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21. Assignment

You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

22. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and Formisoft regarding your use of the Platform. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

23. Contact

For questions about these Terms, contact us at legal@formisoft.com.