Table of Contents
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Vigma.ai ("Vigma," "we," "us," or "our"), a company headquartered in Indianapolis, Indiana. By accessing our website at vigma.ai, submitting an audit request, or using any Vigma products or services, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
1 Acceptance of Terms
By using any part of our website or services โ including submitting a contact form, requesting a free audit, or engaging with Vigma representatives โ you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use our services.
2 Description of Services
Vigma.ai provides AI-powered solutions for healthcare practices, with a current focus on:
- Missed Call Recovery โ AI-assisted follow-up systems that re-engage patients who attempted to contact your practice but did not book an appointment
- Practice Revenue Analytics โ Dashboards and reporting that quantify the financial impact of missed calls and front-desk gaps
- Free Audit Reports โ Complimentary analysis of your practice's missed call exposure based on publicly available data and information you provide
- Implementation & Consulting โ Onboarding support, workflow integration, and ongoing optimization services
Vigma's services are designed to supplement โ not replace โ human clinical judgment or patient care. Our AI tools handle operational and communication tasks only.
We reserve the right to modify, suspend, or discontinue any feature or aspect of our services at any time with reasonable notice to active customers.
3 Eligibility & Accounts
To use Vigma's services, you must:
- Be at least 18 years of age
- Be authorized to act on behalf of the healthcare practice or organization you represent
- Provide accurate, complete, and current information when registering or submitting inquiry forms
- Not be prohibited from receiving services under applicable law
You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. Notify us immediately at vigma@vigma.ai if you suspect any unauthorized use of your account.
4 User Obligations
By using our services, you agree to:
- Provide accurate and truthful information about your practice and call volume
- Use Vigma's services only for lawful purposes consistent with these Terms
- Comply with all applicable laws, including healthcare regulations (HIPAA, state medical board rules, TCPA for patient communications)
- Obtain all necessary consents from your patients before using Vigma's communication tools to contact them
- Not reverse engineer, decompile, or attempt to extract the source code of our platform
- Not use our services to transmit spam, malware, or any unauthorized communications
- Not circumvent any security measures or access controls
- Not sublicense, resell, or transfer access to our services without written consent
๐ซ You may not use Vigma's services to transmit Protected Health Information (PHI) without a signed Business Associate Agreement in place.
5 Intellectual Property
Vigma's Property
All content, software, algorithms, trade secrets, branding, and materials on vigma.ai โ including but not limited to text, graphics, logos, reports, and AI models โ are the exclusive property of Vigma.ai or its licensors and are protected by U.S. and international intellectual property laws.
License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services solely for your internal business purposes during the term of your agreement with us.
Your Content
You retain ownership of data and content you provide to us. By submitting data, you grant Vigma a limited license to process and use that data solely to deliver and improve the services you've requested. We will not sell or share your practice data with third parties except as described in our Privacy Policy.
Feedback
If you provide suggestions, ideas, or feedback about our services, you grant us a perpetual, royalty-free license to use that feedback without obligation to you.
6 Payment & Billing
Specific pricing, billing cycles, and payment terms are set forth in your service agreement or order form with Vigma. General terms include:
- Free Audit โ The initial missed call audit is provided at no charge and does not obligate you to purchase any paid services
- Paid Plans โ If you subscribe to a paid plan, fees are due as specified in your agreement (monthly or annually)
- Auto-renewal โ Subscriptions automatically renew unless canceled at least 5 business days before the renewal date
- Refunds โ Fees paid are non-refundable except where required by law or explicitly stated in your agreement
- Late Payments โ Past-due amounts may accrue interest at 1.5% per month or the maximum rate permitted by law
- Taxes โ You are responsible for all applicable taxes, excluding taxes on Vigma's income
7 Confidentiality
Both parties may share confidential information in connection with the services. Each party agrees to:
- Keep the other party's confidential information strictly confidential
- Use confidential information only for the purposes of the business relationship
- Not disclose confidential information to third parties without written consent, except as required by law
- Protect confidential information using the same degree of care used for its own confidential information (but no less than reasonable care)
Confidential information does not include information that is publicly known, independently developed, or lawfully obtained from a third party.
8 Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, Vigma expressly disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the services will be uninterrupted, error-free, or completely secure
- Warranties regarding the accuracy of revenue estimates or audit projections (these are illustrative estimates based on industry averages)
- Warranties that our AI will achieve specific outcomes for your practice
Revenue projections, missed call estimates, and audit findings are based on industry benchmarks and the information you provide. Actual results will vary by practice.
9 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- VIGMA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO VIGMA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
- IN NO EVENT SHALL VIGMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in full.
10 Indemnification
You agree to indemnify, defend, and hold harmless Vigma.ai and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the services in violation of these Terms
- Your violation of any applicable law or regulation, including HIPAA or TCPA
- Any content or data you provide to Vigma
- Your infringement of any third-party intellectual property rights
- Any disputes between you and your patients or employees
11 Termination
Termination by You
You may cancel your subscription at any time by contacting us at vigma@vigma.ai or through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the services through the paid period.
Termination by Vigma
We may suspend or terminate your access to the services immediately if:
- You violate these Terms or our policies
- You fail to pay amounts due and do not cure within 10 days of notice
- We determine in good faith that continued provision of services would expose Vigma or its users to legal or reputational risk
- You engage in fraudulent, abusive, or illegal conduct
Effect of Termination
Upon termination: your license to use the services ends immediately; you must cease all use and destroy any Vigma confidential information in your possession; Vigma will retain your data for a limited period per our data retention policy before deletion. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, and Governing Law) shall survive.
12 Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.
Any dispute arising under these Terms shall be resolved through good-faith negotiation first. If negotiation fails within 30 days, disputes shall be submitted to binding arbitration in Marion County, Indiana under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
You waive any right to participate in a class-action lawsuit or class-wide arbitration against Vigma.
13 Changes to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page
- Send notice to active customers via email at least 14 days before changes take effect
Your continued use of our services after the effective date of revised Terms constitutes your acceptance. If you disagree with updated Terms, you may terminate your account before the changes take effect.
14 Contact Us
For questions about these Terms, or to report a violation, please contact:
Vigma.ai Legal
Company: Vigma.ai
Location: Indianapolis, Indiana, United States
Email: vigma@vigma.ai
Phone: (317) 515-3371
Legal inquiries will be directed to the appropriate team member. We aim to respond within 5 business days.