1. Agreement to Terms
By accessing or using the services provided by BooQik ("Company," "we," "us," or "our") through booqik.com or any related services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
2. Description of Services
BooQik provides AI-powered call answering, appointment scheduling, and patient communication automation services for healthcare practices, dental offices, automotive service centers, and other appointment-based businesses ("Services"). Our Services include but are not limited to:
- AI voice assistant call handling (inbound and outbound)
- Automated appointment booking, rescheduling, and cancellation
- SMS and email appointment confirmations and reminders
- Call data logging and weekly performance reporting
- Integration with client scheduling systems
3. Service Plans and Pricing
3.1 Setup Fee
A one-time setup fee is required before Services are activated. The setup fee covers configuration of your AI voice assistant, conversation flow design, phone system integration, scheduling system setup, and initial testing. The current setup fee is outlined in your signed Service Agreement.
3.2 Monthly Subscription
A recurring monthly subscription fee is billed on the same date each month beginning on your go-live date. The current monthly fee is outlined in your signed Service Agreement.
3.3 Payment Terms
All fees are due upon receipt of invoice. Payments are processed via Stripe. Setup fees are non-refundable once configuration work has begun. Monthly subscription fees are billed in advance and are non-refundable for the current billing period.
3.4 Late Payments
Invoices unpaid after 10 business days may result in temporary suspension of Services. Invoices unpaid after 30 days may result in termination of Services. A $25 late fee may be applied to invoices unpaid after 10 business days.
4. Client Responsibilities
4.1 Accurate Information
You agree to provide accurate and complete information about your business, including but not limited to office hours, provider availability, accepted insurance plans, appointment types, and emergency handling preferences. Inaccurate information may result in incorrect AI responses to your patients or customers.
4.2 Phone System Access
You are responsible for configuring call forwarding or other phone system settings necessary to route calls to the BooQik-assigned phone number, unless otherwise arranged during onboarding.
4.3 Compliance
You are responsible for ensuring that your use of BooQik's Services complies with all applicable laws and regulations, including but not limited to HIPAA, state privacy laws, and telecommunications regulations. BooQik provides tools and configurations to support compliance, but ultimate compliance responsibility rests with you as the covered entity.
4.4 Patient Notification
You agree to inform your patients or customers, as appropriate, that calls to your office may be handled by an AI assistant. This may include updating your office voicemail greeting, website, or patient intake forms.
5. AI Disclosure and Call Recording
5.1 AI Disclosure
All calls handled by BooQik's AI assistant will include a disclosure at the beginning of the call informing the caller that they are speaking with an AI assistant. This disclosure is required by federal and state regulations and cannot be removed or bypassed.
5.2 Call Recording
Calls may be recorded for quality assurance, training, and service improvement purposes. A clear recording disclosure is delivered at the very beginning of every call, before any substantive conversation, as part of the AI assistant's opening greeting. In jurisdictions requiring all-party consent for call recording (including Washington State under RCW 9.73.030), the disclosure and the caller's continued participation in the call after the disclosure constitute consent to recording. Callers who do not wish to be recorded may end the call.
5.3 Call Data
Call transcripts, recordings (if applicable), and metadata are handled in accordance with our Privacy Policy and any applicable Business Associate Agreement (BAA).
6. HIPAA and Protected Health Information
6.1 Business Associate Agreement
If you are a HIPAA-covered entity (such as a dental or medical practice), a signed Business Associate Agreement (BAA) is required before BooQik handles any Protected Health Information (PHI) on your behalf. Services will not commence for healthcare clients without an executed BAA.
6.2 Data Handling
BooQik implements administrative, physical, and technical safeguards to protect PHI in accordance with HIPAA requirements. Details of our data handling practices are outlined in our Privacy Policy and BAA.
7. Intellectual Property
7.1 BooQik Property
All AI conversation flows, workflow templates, software configurations, and proprietary processes used to deliver the Services are and remain the exclusive property of BooQik. You are granted a non-exclusive, non-transferable license to use the Services during the term of your subscription.
7.2 Client Data
All data you provide to BooQik (office information, provider schedules, insurance lists, etc.) remains your property. Upon termination of Services, you may request a copy of your data. BooQik will provide your data within 30 days of a written request and will delete your data within 60 days of termination unless legally required to retain it.
8. Service Availability and Uptime
8.1 Uptime Target
BooQik targets 99.5% uptime for all core Services. This excludes scheduled maintenance windows, which will be communicated at least 48 hours in advance when possible.
8.2 Third-Party Dependencies
BooQik's Services rely on third-party infrastructure providers including but not limited to telephony providers, voice AI platforms, and cloud hosting services. BooQik is not responsible for outages caused by third-party service disruptions beyond our control.
8.3 Service Credits
In the event of an extended outage (more than 4 consecutive hours during your business hours), BooQik will provide a pro-rated credit for the affected period upon written request.
9. Limitation of Liability
9.1 AI Limitations
AI systems may occasionally misunderstand callers, provide incorrect information, or fail to handle complex scenarios. BooQik is not liable for missed appointments, incorrect bookings, or other errors resulting from AI limitations. Escalation procedures are built into every conversation flow to route complex situations to human staff.
9.2 Maximum Liability
To the fullest extent permitted by law, BooQik's total liability for any claims arising from or related to the Services shall not exceed the total amount paid by you to BooQik in the three (3) months preceding the claim.
9.3 Exclusion of Damages
BooQik shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost revenue, or lost patients, regardless of the cause of action.
10. Termination
10.1 By Client
You may terminate your subscription at any time with 30 days written notice. The setup fee is non-refundable. Monthly fees are non-refundable for the current billing period. Services will continue until the end of the current billing period.
10.2 By BooQik
BooQik may terminate your subscription immediately if you breach these Terms, fail to pay invoices after 30 days, use the Services for unlawful purposes, or engage in activity that jeopardizes the security or integrity of our systems.
10.3 Effect of Termination
Upon termination, call forwarding to BooQik numbers will cease and AI call handling will stop. You will be responsible for re-routing your phone system. BooQik will provide your data upon request per Section 7.2.
11. Indemnification
11.1 Indemnification by Client
You agree to indemnify, defend, and hold harmless BooQik, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, or expenses arising from your use of the Services, your breach of these Terms, your violation of any applicable law or regulation, or the inaccuracy of information you provided to BooQik.
11.2 Indemnification by BooQik
BooQik will indemnify, defend, and hold harmless Client from and against any third-party claim that (a) Client's authorized use of the Services infringes a United States patent, copyright, or registered trademark of a third party, or (b) results from BooQik's gross negligence or willful misconduct in performing its obligations under these Terms or the Service Agreement. BooQik's total cumulative liability under this Section 11.2 is subject to the limitations set forth in Section 9.2. BooQik shall have no obligation under clause (a) to the extent the alleged infringement arises from (i) Client's combination of the Services with products or services not provided by BooQik, (ii) modifications to the Services not made by BooQik, or (iii) Client's use of the Services in violation of these Terms.
11.3 Procedure
As a condition to indemnification, the indemnified party shall (a) promptly notify the indemnifying party in writing of the claim, (b) grant the indemnifying party sole control of the defense and settlement of the claim, and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party shall not enter into any settlement that imposes a non-monetary obligation on, or admits fault by, the indemnified party without that party's prior written consent, which shall not be unreasonably withheld.
12. Modifications
BooQik reserves the right to modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved by binding arbitration in King County, Washington under the rules of the American Arbitration Association (AAA). This aligns with Section 11 of the Service Agreement.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms, together with the Service Agreement, Privacy Policy, and BAA (if applicable), constitute the entire agreement between you and BooQik with respect to the Services.
16. Contact
For questions about these Terms, contact us at: