VibedIn · Legal
VibedIn Terms of Service
These Terms of Service (the "Terms") govern access to and use of the VibedIn client check-in service, consisting of the VibedIn kiosk application for tablets (the "Kiosk App"), the VibedIn web administration portal (the "Admin Portal"), SMS notification delivery, and any hardware we supply (collectively, the "Service"). The Service is provided by EMILE-E.tech Corp, a Florida corporation ("EMILE-E," "we," "us"). By creating an account, signing an order form, or using the Service, the practice identified at signup ("Customer," "you") agrees to these Terms.
1. The Service
1.1 What it does. The Service lets a Customer's clients self-check-in on a tablet kiosk in the Customer's waiting area by selecting a practitioner and appointment time; notifies the selected practitioner by SMS text message; and provides the Customer's staff a web portal to manage practitioners, office locations, notification templates, and a log of check-ins.
1.2 What it is not. The Service is an administrative convenience tool. It is not an electronic health record, a medical device, a scheduling or booking system, a clinical communication tool, or an emergency notification system. The Service must not be relied upon as the sole means of knowing that a client has arrived, and must never be used for urgent or emergency communication.
1.3 Design minimization. The Kiosk App does not request, collect, or store the names or identities of the Customer's clients. Check-in records consist of the selected practitioner, appointment time, office location, timestamp, and message delivery status.
2. Accounts and eligibility
2.1 The Service is offered to businesses and professional practices only, not to consumers. The person accepting these Terms represents that they are authorized to bind the Customer.
2.2 Customer is responsible for all activity under its accounts and credentials, including Admin Portal logins and the staff PIN gesture used to unlock kiosk devices. Customer will keep credentials confidential and promptly notify us of any suspected unauthorized access.
2.3 The Admin Portal automatically signs users out after a period of inactivity. Customer remains responsible for signing out of shared or unattended devices.
3. Subscription, fees, and payment
3.1 Pricing. The Service is priced per practice per month as published on our pricing page or in an order form, plus a one-time hardware provisioning and shipping fee. Current published pricing: $49 per practice per month and a one-time $125 hardware and shipping fee.
3.2 Billing. Fees are billed in advance, monthly, and are non-refundable except as required by law or expressly stated in these Terms. Subscriptions renew automatically until cancelled.
3.3 Cancellation. Customer may cancel at any time, effective at the end of the current billing period. There are no cancellation penalties and no early-termination fees.
3.4 SMS fair use. The subscription includes a reasonable volume of SMS notifications per month. We may notify Customer and discuss an adjusted plan for sustained usage far above typical practice volumes.
3.5 Changes. We may change pricing with at least 30 days' notice, effective at Customer's next renewal.
3.6 Taxes. Fees exclude applicable taxes, which are Customer's responsibility.
4. Kiosk hardware
4.1 Ownership. Kiosk tablets and enclosures we supply remain the property of EMILE-E. The one-time hardware fee covers device provisioning, configuration, and shipping; it is not a purchase. Upon cancellation, Customer will return supplied hardware in good working order (normal wear excepted) within 30 days using the prepaid return label we provide. Unreturned or damaged hardware may be charged at its replacement cost.
4.2 Customer responsibilities. Customer is responsible for the physical security, placement, power, and internet connectivity of kiosk devices, and for maintaining the confidentiality of the staff unlock gesture. Devices are configured in a locked kiosk mode; Customer will not circumvent, root, or repurpose managed devices.
4.3 Customer-owned devices. Customer may run the Kiosk App on its own compatible tablets. We support the Kiosk App itself, not third-party hardware.
5. Customer data
5.1 Ownership. Customer owns the data it and its authorized users submit to the Service, including practitioner rosters, phone numbers, office locations, notification templates, and check-in records ("Customer Data").
5.2 Our license. Customer grants us a non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service, and as otherwise permitted by our Privacy Policy and any Business Associate Agreement ("BAA") in place.
5.3 Practitioner phone numbers. Customer represents that it has the right to provide its practitioners' mobile numbers and that practitioners have consented to receive operational SMS notifications relating to their appointments. Customer will promptly remove or update numbers on request of the practitioner.
5.4 Export and deletion. Customer may export Customer Data during the subscription term. Following termination, we will make Customer Data available for export for 30 days, after which we may delete it, subject to legal retention obligations and any BAA.
5.5 Aggregated data. We may use de-identified, aggregated usage data (for example, check-in counts and delivery rates) to operate and improve the Service. We do not sell Customer Data. We do not use Customer Data to train generalized AI models.
6. Healthcare; HIPAA
6.1 Customer may be a HIPAA covered entity. To the extent the Service creates, receives, maintains, or transmits protected health information ("PHI") on Customer's behalf, we act as a business associate.
6.2 A BAA is available and, where required by HIPAA, must be executed before Customer uses the Service with PHI. If there is a conflict between these Terms and an executed BAA, the BAA controls with respect to PHI.
6.3 Customer controls the content of its SMS notification template. Customer agrees not to include client names or other client-identifying information in notification templates. The default template contains none.
6.4 The Service provides administrative notifications only. Customer remains solely responsible for clinical care, client safety procedures, and front-desk operations.
7. SMS notifications
7.1 SMS delivery depends on third-party carriers and networks and is not guaranteed. Delivery may be delayed, filtered, or blocked by carriers. The check-in log in the Admin Portal, including sent and failed status, is the authoritative record, and Customer should monitor it during business hours.
7.2 Message and data rates from the recipient's carrier may apply. Recipients may opt out of SMS through their carrier (for example, replying STOP); Customer is responsible for updating its practice workflow accordingly.
7.3 Customer is responsible for complying with laws applicable to messages it configures, including the TCPA and analogous state laws.
8. Kiosk end users
The Kiosk App is made available to Customer's clients and visitors as a convenience on Customer's premises. Customer is responsible for its clients' use of the kiosk and for posting any notices required in its jurisdiction. We are not responsible for interactions between Customer and its clients.
9. Acceptable use
Customer will not, and will not permit anyone to: (a) use the Service to send unsolicited or unlawful messages; (b) misuse, probe, or disrupt the Service or its infrastructure; (c) attempt to access other customers' data; (d) reverse engineer the Service except as permitted by law; (e) resell the Service except under a separate written agreement; or (f) use the Service in violation of applicable law.
10. Intellectual property
We own the Service, including the Kiosk App, Admin Portal, and all related software, designs, and documentation. Customer receives a limited, non-exclusive, non-transferable right to use the Service during the subscription term. Feedback may be used by us without obligation.
11. Third-party services
The Service is built on third-party infrastructure, currently including Google Firebase (hosting, database, authentication) and Twilio (SMS delivery). Their availability affects the Service. We may change underlying providers without notice provided the Service continues to perform materially as described.
12. Availability and support
We will use commercially reasonable efforts to keep the Service available, excluding maintenance and factors outside our control. Support is provided by email at legal@emile-e.tech.
13. Term, suspension, and termination
13.1 These Terms apply while Customer has an active subscription or otherwise uses the Service.
13.2 We may suspend the Service for non-payment, security risk, legal requirement, or material breach, with notice where practicable.
13.3 Either party may terminate for material breach not cured within 30 days of notice. Customer may cancel at any time effective at the end of the billing period. Sections that by their nature should survive (including Sections 4.1, 5.4, 6, 10, and 14 through 17) survive termination.
14. Warranty disclaimer
EXCEPT AS EXPRESSLY STATED, THE SERVICE AND HARDWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EVERY SMS WILL BE DELIVERED.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES; AND (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE FEES PAID BY CUSTOMER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS OR A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
16. Indemnification
Customer will defend and indemnify us against third-party claims arising from Customer Data, Customer's use of the Service in violation of these Terms or law, or Customer's relationship with its clients and practitioners. We will defend and indemnify Customer against third-party claims that the Service, as provided by us, infringes U.S. intellectual property rights, with customary exclusions and remedies.
17. General
17.1 These Terms are governed by Florida law. Exclusive venue is the state and federal courts located in Pasco County, Florida, and the parties consent to their jurisdiction.
17.2 We may update these Terms with at least 30 days' notice for material changes (by email or in-portal notice). Continued use after the effective date constitutes acceptance.
17.3 These Terms plus any order form, the Privacy Policy, and any executed BAA are the entire agreement. Neither party may assign except to a successor in interest. If a provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver. Notices to us: legal@emile-e.tech; to Customer: the account email.