These Terms and Conditions ("Terms") govern your access to and use of the products, services, memberships, events, software, communications, and websites operated by The Smart Chiropractor, LLC ("TSC," "we," "us," or "our"). By purchasing, registering for, accessing, or using any part of the Service, you agree to be bound by these Terms.
Please read Section 17 carefully. It requires disputes to be resolved by binding individual arbitration and waives your right to participate in a class action.
1. Definitions
"Service" means all products, software, content, materials, events, and communications made available by TSC, including Care Plan Pro, Patient Pilot, Avatar DC, Marketing Kits, courses, summits, and partnership programs.
"Customer," "you," or "your" means the individual or entity accessing the Service.
"Practice" means the chiropractic or healthcare practice on whose behalf you access the Service.
"Patient Data" means information relating to your patients that you submit to, or that is generated within, the Service.
"Customer Content" means any material you upload, submit, or make available through the Service, including patient lists, practice information, likeness materials, and communications.
"Output" means content generated or delivered by the Service, including written scripts, email sequences, video, templates, and automated recommendations.
2. Eligibility and Accounts
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself and any Practice you represent.
Where the Service is used in connection with the delivery of healthcare, you represent that you hold all licenses, registrations, and credentials required in your jurisdiction, and that they are current and in good standing.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notify us immediately at support@thesmartchiropractor.com if you become aware of unauthorized access.
You may not share account access with anyone outside your Practice, or permit access by any person whose professional license has been suspended or revoked.
3. Description of Services
TSC provides software, content, and educational products for chiropractic and healthcare practices. Specific services include:
Care Plan Pro — software for creating and presenting care plans, managing membership programs, and administering related patient records.
Patient Pilot — automated lifecycle email sent to your patients on your behalf, including onboarding, active care, and reactivation sequences.
Avatar DC — AI-generated video content produced using either your likeness or a professional avatar licensed by TSC.
Marketing Kits — campaign templates, scripts, graphics, and office forms.
Courses, Summits, and Events — educational and commercial programming.
Partnership Programs — promotional and commercial relationships, governed additionally by Section 20.
Features may be added, modified, or discontinued. We will provide reasonable notice of material changes that adversely affect a paid service.
4. Professional Responsibility and Regulatory Compliance
This section is fundamental to your use of the Service. Read it carefully.
4.1 You are solely responsible for compliance
Healthcare advertising, patient communication, and professional conduct are regulated by federal law, state law, and state licensing boards. These requirements vary materially by jurisdiction and change over time.
You are solely responsible for ensuring that your use of the Service — including any Output you publish, send, display, or provide to patients — complies with all applicable laws, regulations, licensing board rules, professional standards, and platform policies.
4.2 Output is a starting point, not a compliant deliverable
All Output is provided as general material for your review and adaptation. It is not reviewed against the rules of your state, your licensing board, or your specialty, and TSC makes no representation that any Output is compliant as delivered.
Without limiting the above, you are solely responsible for:
- Reviewing all Output against your state licensing board's advertising and communication rules before use
- Substantiating any claim made in materials you publish
- Complying with rules governing testimonials, reviews, before-and-after imagery, and patient endorsements
- Avoiding terminology restricted in your jurisdiction (including terms such as "specialist," "cure," "guaranteed," or similar)
- Ensuring scope-of-practice compliance in all patient-facing communication
- Complying with disclosure requirements for AI-generated or synthetic media
4.3 Clinical responsibility
Content supplied by TSC is general patient education. It is not clinical guidance for any individual patient, is not a substitute for your professional judgment, and is not intended to diagnose, treat, cure, or prevent any condition.
You must review all patient-facing content before it is delivered to your patients, and you remain solely responsible for its clinical accuracy as applied to your patient population.
5. Patient Communications — Warranties and Restrictions
This section applies to any service through which TSC sends communications to your patients, including Patient Pilot and Care Plan Pro.
5.1 Your warranties regarding contact data
You represent and warrant, on an ongoing basis, that:
- Every contact you submit was obtained lawfully and directly by your Practice in the course of providing care or through a legitimate business relationship
- You have obtained all consents required by applicable law for the communications sent through the Service, appropriate to each recipient's jurisdiction (including CAN-SPAM, CASL for Canadian recipients, and applicable state or international requirements)
- You have not submitted any purchased, rented, scraped, appended, harvested, or third-party-sourced contact data
- The physical mailing address you supply for inclusion in message footers is accurate and current
- You will honor and promptly record any opt-out request received outside the Service
- You have the authority to send commercial and educational communications to each contact
5.2 SMS and text messaging
Where the Service enables text messaging to patients, you additionally represent and warrant that you have obtained prior express written consent from each recipient as required by the Telephone Consumer Protection Act (TCPA) and applicable state law, and that such consent is documented and retrievable.
You acknowledge that TCPA violations carry statutory damages per message and that you bear sole responsibility for consent adequacy.
5.3 Our right to suspend sending
Because sending infrastructure is shared, conduct by one Customer can affect deliverability for all others. Accordingly, TSC may, at its sole discretion and without notice or refund:
- Suspend or terminate sending on your account
- Refuse, remove, or delete any contact list
- Require documentation of consent for any contact or list
Grounds include elevated complaint rates, elevated bounce rates, spam-trap hits, blocklisting, suspected non-compliant list acquisition, or any conduct that in our judgment threatens the integrity of our sending infrastructure.
5.4 Sender identity
You acknowledge that communications sent through the Service are sent on your behalf and identify your Practice as the sender. You are the sender of record for the purposes of applicable law.
6. Data Protection and Patient Information
6.1 Business Associate relationship
Where TSC processes protected health information ("PHI") on your behalf, TSC acts as a Business Associate under the Health Insurance Portability and Accountability Act ("HIPAA").
A Business Associate Agreement ("BAA") must be executed before you submit any PHI to the Service. The BAA is incorporated into these Terms by reference and governs in the event of any conflict with these Terms regarding PHI.
You may not submit PHI to any TSC product not covered by an executed BAA.
6.2 Data ownership
As between the parties, you retain all right, title, and interest in your Customer Content and Patient Data. You grant TSC a limited, non-exclusive license to host, process, transmit, and display that data solely to provide the Service, and as permitted by the BAA where applicable.
6.3 Subcontractors
TSC uses third-party subprocessors to deliver the Service, including infrastructure, email delivery, messaging, and payment providers. Where those subprocessors handle PHI, TSC will maintain appropriate agreements with them.
6.4 Data export and deletion
During an active subscription you may export your data in the formats TSC makes available. Following termination, TSC will make your data available for export for thirty (30) days, after which it may be deleted.
TSC will return or destroy PHI in accordance with the BAA. TSC may retain data as required by law, and may retain de-identified or aggregated data that cannot reasonably be used to identify you, your Practice, or any patient.
6.5 Aggregated insights
TSC may compile de-identified, aggregated statistics across its customer base to operate, analyze, and improve the Service, and may publish such aggregated findings. Published material will never identify you, your Practice, or any individual patient.
6.6 Privacy Policy
Your use of the Service is also governed by our Privacy Policy.
7. Avatar DC — Likeness, Rights, and Restrictions
7.1 License to your likeness
If you elect to have a personal AI avatar created, you grant TSC a limited, non-exclusive, revocable license to use, reproduce, process, and create derivative works from the images, video, and audio you submit ("Likeness Materials"), solely for the purpose of creating and delivering video content you have ordered.
7.2 Scope limitations
TSC will not:
- Use your avatar or Likeness Materials for any purpose other than producing your ordered content
- License, sell, or make your avatar available to any third party
- Use your avatar in TSC marketing, promotional material, or demonstrations without your separate written consent
- Publish any video featuring your avatar without your approval
7.3 Approval
You will have the opportunity to review and approve scripts before production and finished videos before delivery. No video featuring your likeness is published by TSC on your behalf.
7.4 Ownership
You retain all rights in your name, likeness, voice, and persona. TSC retains ownership of the underlying models, tools, and technology used to produce avatars and video, including any general improvements to those systems. You own the delivered video files for use in your Practice's marketing and patient communication, subject to Section 9.
7.5 Deletion on termination
Upon written request following cancellation, TSC will delete your avatar model and Likeness Materials within sixty (60) days, excluding copies retained in routine backups, which are deleted on their normal cycle. Videos already delivered to you remain yours to use.
7.6 Your warranties
You represent and warrant that:
- The Likeness Materials depict you, and you hold all rights necessary to grant the license in Section 7.1
- You have not submitted the likeness, voice, or image of any other person
- Your use of delivered video will comply with Section 4, including any applicable requirement to disclose AI-generated or synthetic media
7.7 Professional avatars
Where you elect to use a TSC professional avatar rather than your own likeness, TSC grants you a non-exclusive, non-transferable license to use the resulting video in your Practice's marketing and patient communication. You may not extract, isolate, or reuse the avatar likeness itself for any other purpose.
8. Software Services
8.1 Availability
The Service is provided on an "as available" basis. TSC does not guarantee uninterrupted or error-free operation and provides no uptime commitment unless separately agreed in writing.
TSC may perform scheduled or emergency maintenance. TSC is not liable for interruptions caused by third-party providers, internet infrastructure, or events beyond its reasonable control.
8.2 Acceptable use
You may not:
- Reverse engineer, decompile, or attempt to derive source code
- Access the Service by automated means except through interfaces TSC provides
- Resell, sublicense, or provide access to any party outside your Practice
- Circumvent usage limits, security controls, or access restrictions
- Use the Service to transmit unlawful, harassing, defamatory, or infringing material
- Use the Service to compete with TSC or to build a competing product
- Submit malicious code or interfere with the Service's operation
8.3 Beta and preview features
Features identified as beta, preview, or experimental are provided as-is, may be modified or withdrawn at any time, and are excluded from any commitment or warranty.
8.4 Artificial intelligence and automation
Certain features use artificial intelligence, automation, or machine-generated outputs. Such Output may contain inaccuracies. You are responsible for independently reviewing, validating, and applying any Output before use. TSC makes no guarantee regarding the accuracy, completeness, or suitability of automated Output.
9. Intellectual Property
All products, services, software, materials, content, and intellectual property provided by TSC are licensed for individual professional use by your Practice only.
You may not copy, distribute, sublicense, resell, modify, reverse engineer, rebrand, or republish any portion of the Service without express written permission. All trademarks, branding, and proprietary materials remain the exclusive property of The Smart Chiropractor, LLC.
Delivered content. Written content, video, templates, and materials delivered to you may be used in your Practice's marketing and patient communication. They may not be resold, shared with other practices, or distributed outside your Practice.
Feedback. If you submit suggestions, feature requests, or ideas regarding the Service, you grant TSC a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
Publicity. TSC may not identify you or your Practice by name in marketing materials without your prior consent. TSC may include your Practice in de-identified aggregate counts (for example, the total number of practices served).
Unauthorized use may result in immediate termination of access and legal enforcement.
10. Purchases, Subscriptions, and Refunds
10.1 Store purchases
If you are unsatisfied with a purchase from our shop, contact support@thesmartchiropractor.com. All purchases are final unless otherwise stated in writing at the time of purchase. Digital products, downloadable resources, and most physical items are non-refundable. Any exceptions will be clearly disclosed on the product page.
10.2 Seven-day money-back guarantee
Applies to all Patient Pilot memberships. If you are not satisfied for any reason, notify us within seven (7) days of your initial purchase to receive a full refund.
10.3 Month-to-month memberships
- Memberships renew automatically each month based on your purchase date
- Your payment method will be charged the monthly rate displayed at checkout, plus applicable taxes
- To avoid being charged for the next billing cycle, cancellation must be submitted at least seven (7) days prior to your billing date via the official cancellation process
- Cancellations submitted with less than seven (7) days' notice will still incur the upcoming charge; access remains active through the end of the paid period
- After the initial seven (7) days, month-to-month memberships are non-refundable
10.4 Annual memberships
- Annual memberships require a twelve (12) month commitment and are billed monthly at a discounted rate
- Membership begins when payment is successfully processed and renews automatically every twelve (12) months unless canceled
- To prevent renewal, cancellation must be submitted at least fourteen (14) days prior to the renewal date
- Early cancellation requires payment of the difference between the discounted annual rate and the standard monthly rate for months used
- After the initial seven (7) days, annual memberships are non-refundable
10.5 Failed payments
If a payment fails, TSC may retry the charge, suspend access, and ultimately terminate the subscription. You remain responsible for amounts owed for the period of access provided.
10.6 Chargebacks
Initiating a chargeback without first contacting support may result in immediate suspension. You agree to contact us at support@thesmartchiropractor.com before disputing any charge.
10.7 Price changes
TSC may change pricing. For existing subscriptions, changes take effect at the next renewal following at least thirty (30) days' notice.
10.8 Taxes
Prices exclude applicable taxes. You are responsible for all taxes associated with your purchase other than taxes on TSC's income.
10.9 General refund position
Unless otherwise stated in writing at the time of purchase, all purchases are non-refundable, including digital products, memberships, downloadable materials, resources, and event registrations.
11. Events, Summits, and Conferences
Event registrations are valid only for the individual registrant and may not be transferred, resold, or shared without written permission.
Event content, speakers, schedules, platforms, delivery methods, and formats may change at our discretion. We do not guarantee access to any specific speaker, session, feature, or platform.
By registering, you acknowledge and consent to the sharing of your registration information with official event partners, sponsors, and presenters in accordance with our Privacy Policy. We are not responsible for the products, services, claims, communications, or conduct of third-party partners.
We are not liable for technical disruptions, platform outages, force majeure events, or circumstances beyond our reasonable control that affect event delivery or access.
Unless otherwise stated, all event registrations are non-refundable.
12. Office Forms
By purchasing chiropractic office forms, you agree to:
- Consult appropriate legal and compliance professionals regarding regulatory requirements in your jurisdiction
- Review all materials prior to implementation
- Accept the no-refunds policy
- Hold TSC harmless from any consequence arising from use or implementation
13. SMS and Text Messaging (TSC to You)
By providing your mobile number and opting in, you consent to receive recurring or automated text messages (SMS/MMS) from TSC, including service alerts and marketing communications.
- Message frequency may vary
- Standard message and data rates may apply
- Consent is not a condition of purchase
- Reply STOP to unsubscribe
- Reply HELP for assistance
This section governs messages from TSC to you. Messages you send to your patients through the Service are governed by Section 5.
14. Promotions and Giveaways
Promotions and giveaways conducted by TSC are not sponsored, endorsed, or administered by any social media platform unless expressly stated. Winners are responsible for any taxes, shipping costs, or applicable fees.
15. Suspension and Termination
TSC may suspend or terminate access at its discretion for violation of these Terms, non-payment, misuse of intellectual property, abusive conduct, security concerns, suspected non-compliant list practices, or actions that may harm our platform, partners, patients, or community.
You may cancel in accordance with Section 10.
Termination does not relieve you of outstanding payment obligations. Upon termination, your license to use the Service ends immediately, subject to the export period in Section 6.4.
16. Disclaimers, Indemnification, and Limitation of Liability
16.1 Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
16.2 Results disclaimer
TSC makes no guarantee regarding patient volume, revenue, referrals, profitability, or return on investment. All products and services are educational and informational only.
16.3 Medical disclaimer
Content is not medical advice and is not intended to diagnose, treat, cure, or prevent disease. Healthcare decisions must be made by licensed healthcare professionals exercising independent judgment.
16.4 Indemnification
You agree to indemnify, defend, and hold harmless TSC, its owners, officers, employees, contractors, and affiliates from any claim, demand, loss, liability, penalty, or expense (including reasonable attorneys' fees) arising from:
- Your breach of these Terms
- Your Customer Content, including patient contact data and Likeness Materials
- Any communication sent through the Service to your patients, including claims under CAN-SPAM, TCPA, CASL, or analogous law
- Your violation of any law, regulation, licensing board rule, or professional standard
- Any claim that materials you submitted infringe or violate the rights of a third party, including rights of publicity
- Your use or publication of any Output
16.5 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- TSC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY
- TSC'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO TSC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM
Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted.
17. Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights.
17.1 Informal resolution first
Before initiating arbitration, you agree to notify TSC in writing at support@thesmartchiropractor.com describing the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute for sixty (60) days from that notice. If unresolved, either party may proceed to arbitration.
17.2 Binding arbitration
Any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those apply.
Arbitration will take place in Hillsborough County, Florida, or by videoconference at the claimant's election. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.
17.3 Class action waiver
YOU AND TSC AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court and the remainder of this Section 17 shall remain in effect.
17.4 Jury trial waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND TSC EACH WAIVE ANY RIGHT TO A JURY TRIAL.
17.5 Fees
Each party bears its own attorneys' fees and costs unless the arbitrator determines otherwise or applicable statute requires otherwise. Filing and administrative fees are allocated under the applicable AAA rules.
17.6 Exceptions
Either party may bring an individual action in small claims court. Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.
17.7 Right to opt out
You may opt out of this arbitration agreement by sending written notice to support@thesmartchiropractor.com within thirty (30) days of first accepting these Terms, stating your name and your intent to opt out. Opting out does not affect any other provision.
18. General Provisions
Severability. If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary or severed, and all remaining provisions shall remain in full force and effect.
No waiver. Failure to enforce any provision does not waive the right to enforce it later. No waiver is effective unless in writing.
Survival. Sections 4, 5.1, 5.2, 6, 7.4, 7.6, 9, 10, 16, 17, and 18 survive termination.
Entire agreement. These Terms, together with the Privacy Policy, any executed BAA, and any order form or written agreement signed by both parties, constitute the entire agreement and supersede all prior understandings. Where a signed written agreement conflicts with these Terms, the signed agreement governs.
Force majeure. Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disaster, war, terrorism, labor dispute, governmental action, internet or utility failure, or third-party provider outage. Payment obligations are not excused.
Notices. Notices to TSC must be sent to support@thesmartchiropractor.com. Notices to you may be sent to the email address on your account and are deemed received when sent.
Assignment. You may not assign these Terms without our written consent. We may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets without restriction or notice.
Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship.
Governing law. These Terms are governed by the laws of the State of Florida and the United States, without regard to conflict of law principles.
Headings. Headings are for convenience only and do not affect interpretation.
19. Changes to These Terms
We may update these Terms periodically. Updates will be posted with a revised "Last Updated" date. For material changes affecting a paid subscription, we will provide at least thirty (30) days' notice by email or in-product notification. Continued use after the effective date constitutes acceptance.
20. Partnership Terms and Conditions
By partnering with TSC, you agree to the following additional terms governing promotional and commercial relationships. In the event of conflict with Sections 1–19, this Section 20 governs the partnership relationship.
20.1 Start date. Partnership begins upon successful payment. Resource allocation and promotional planning begin immediately.
20.2 Commitment and payments. All Partnership purchases are final and non-refundable. Partnerships may not be paused, transferred, deferred, or reassigned.
20.3 Communication and timelines. Required promotional assets must be delivered within seven (7) business days. Coordination communications must be responded to within seven (7) business days. Delays may result in forfeited promotions without refund or rescheduling.
20.4 Your role in success. Partners agree to support promotion through their own channels, provide compliant materials, and remain actively engaged.
20.5 Annual and quarterly options. Annual Partnerships require a twelve (12) month commitment and are billed monthly at a discounted rate. Early termination requires payment of the difference between discounted Annual and standard Quarterly rates for months completed. After the initial term, Partnerships continue month-to-month unless canceled at least seven (7) days prior to the next billing date.
20.6 Promotion delivery. Failure to provide assets on time may result in forfeiture of scheduled promotions without refund.
20.7 Scheduling flexibility. TSC may adjust schedules to optimize performance and delivery.
20.8 Brand use. Partners grant TSC permission to use submitted brand assets and materials for promotional purposes.
20.9 Editorial standards and compliance. TSC may edit or decline materials that are inaccurate, non-compliant, or inconsistent with brand standards. Partners remain responsible for regulatory compliance.
20.10 Confidentiality. Both parties agree to protect non-public proprietary information.
20.11 Partnership integrity. TSC may terminate a Partnership without refund for conduct that violates law, ethics, or audience trust.
20.12 Data responsibility. Partners are solely responsible for their own data handling practices, privacy compliance, and communications with any leads or contacts provided through TSC programs, including event registrants.
20.13 Liability. TSC makes no guarantee regarding traffic, leads, or financial outcomes and is not liable for indirect or consequential damages.
20.14 Force majeure. Events beyond reasonable control may delay or prevent delivery without liability.
20.15 Governing law. Partnership disputes shall be governed by Florida law and resolved in Hillsborough County, Florida.
21. Contact
Questions regarding these Terms may be directed to:
The Smart Chiropractor, LLC support@thesmartchiropractor.com