Terms of Service

These Terms of Service (“Terms”) govern your use of the NoelX Patient Communication Platform (“Service”) provided by NoelX LLC (“NoelX,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.

Service Description

NoelX provides an SMS-based patient communication platform designed for medical spas and aesthetic practices. The Service enables medical spa clients to send automated text messages to their existing patients, including appointment reminders, treatment follow-ups, practice updates, and patient reactivation outreach. Messages are sent on behalf of our medical spa clients to patients who have consented to receive communications.

Eligibility

The Service is available to licensed medical spa and aesthetic practice businesses operating in the United States. By signing up for the Service, you represent and warrant that you are a duly licensed medical spa or aesthetic practice authorized to operate in your jurisdiction.

User Responsibilities

As a medical spa client using the NoelX platform, you are responsible for:

• Obtaining proper patient consent: You must obtain explicit consent from each patient before uploading their contact information to the NoelX platform. Consent must be collected during the patient intake process and documented appropriately.
• Accurate contact lists: You warrant that all patients whose information you upload to the platform have consented to receive SMS communications from your practice.
• Compliance with laws: You agree to comply with all applicable federal, state, and local laws and regulations related to SMS messaging, including but not limited to the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
• Message content accuracy: You are responsible for ensuring that any custom message content is truthful, accurate, and compliant with applicable healthcare advertising regulations.

Message Content

Messages sent through the NoelX platform may include appointment reminders, treatment follow-ups, practice updates, and reactivation outreach. All messages are sent to patients who have an existing relationship with the medical spa and have consented to receive SMS communications.

NoelX does not send unsolicited marketing messages to individuals who have not consented to receive communications. We do not purchase or use third-party contact lists.

Opt-Out Compliance

We honor all opt-out requests immediately. When a patient replies STOP to any message, they are permanently removed from all future messaging through the NoelX platform. A confirmation message is sent to acknowledge the opt-out request. Opted-out patients will not receive any further messages unless they explicitly re-enroll.

Patients may also reply HELP to any message to receive assistance information, including contact details for support.

HIPAA Compliance

NoelX operates as a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA). We maintain appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of protected health information (PHI) that we receive from our medical spa clients.

We will enter into a Business Associate Agreement (BAA) with each medical spa client as required by HIPAA. Our security practices include encryption at rest and in transit, role-based access controls, regular security audits, and employee training on data privacy.

Intellectual Property

The NoelX platform, including all software, design, content, and trademarks, is the property of NoelX LLC and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our prior written consent.

Limitation of Liability

To the maximum extent permitted by applicable law, NoelX LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service.
• Any unauthorized access to or alteration of your data.
• Any third-party conduct on the Service.
• Delays or failures in message delivery caused by telecommunications providers or other factors outside our reasonable control.

Our total aggregate liability for any claims arising out of or related to these Terms or the Service shall not exceed the amount you paid to NoelX in the twelve (12) months preceding the claim.

Termination

Either party may terminate the Service at any time with 30 days’ written notice. We reserve the right to suspend or terminate your account immediately if we reasonably believe you have violated these Terms, applicable laws, or are using the Service in a manner that could harm NoelX or its users.

Upon termination, all patient data associated with your account will be permanently deleted within 30 days in accordance with our Privacy Policy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in the State of Texas.

Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated “Last updated” date. Your continued use of the Service after any changes constitutes acceptance of the updated Terms. For material changes, we will provide notice via email to the address associated with your account.

Contact Us

If you have questions about these Terms of Service, please contact us: