Terms and conditions

Last Updated: October 24, 2024

These Terms and Conditions govern the relationship between Sundown Technologies Inc., operating under the trade name Rondah AI (“the Company”), and the Client regarding the use of the services provided by the Company. The Client, defined as the business entity utilizing these services, acknowledges acceptance of these terms by continuing to use the Company’s services.

Interpretation and Definitions

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate refers to an entity that controls, is controlled by, or is under common control with a party.
  • Client refers to the legal business entity subscribing to and using the services provided by the Company.
  • Account refers to the business account created by the Client for access to the services.
  • Services refer to the AI-powered automation solutions, integrations, and associated software provided by the Company.
  • Subscription refers to the recurring payment model governing the Client's access to the Services.
  • Website refers to Rondah AI’s site accessible at https://www.rondah.ai.

Acknowledgment

These Terms and Conditions form the full agreement between the Client and the Company with regard to the use of the Services. By subscribing to the Services, the Client confirms their acceptance of these terms.

Provision of Services

The Company provides AI-driven automation tools designed to assist businesses in managing front-office tasks, including but not limited to appointment scheduling, call handling, and patient engagement, via integration with practice management software and CRMs.

The Client acknowledges that:

  • The Services are provided as software-as-a-service (SaaS).
  • The Services may require integration with third-party software used by the Client, including practice management software and CRMs.
  • The Client will ensure that any systems integrated with the Services comply with industry standards and applicable regulations.

Service Availability and Support

The Company will make commercially reasonable efforts to ensure the Services are available 24/7, excluding scheduled maintenance. Technical support is available via email or other designated communication channels during standard business hours.

The Company reserves the right to modify, enhance, or update the Services, with notice to the Client. Any material changes will be communicated in advance where possible.

Data Privacy and Security

The Company is committed to maintaining high standards of data privacy and security. The Client’s data will be handled in compliance with applicable regulations, including but not limited to HIPAA (Health Insurance Portability and Accountability Act) for clients operating in regulated industries.

All data transferred between the Company and the Client will be encrypted, and the Client’s data will be stored securely. The Company maintains Business Associate Agreements (BAAs) with relevant third-party partners to ensure compliance with industry standards.

Billing and Payment

The Client will be billed in accordance with the subscription plan selected at the time of onboarding. Billing cycles are monthly or annually, depending on the Client’s selection, and payments must be made in full within the payment period outlined in the invoice.

In the event of non-payment, the Company reserves the right to suspend the Client’s access to the Services until payment is received.

Subscription Modifications and Cancellation

The Client may modify or upgrade its subscription plan at any time. Downgrades may be subject to certain restrictions based on the active contract.

Cancellation of Services must be submitted in writing. Upon cancellation, the Client’s access to the Services will continue until the end of the current billing cycle. No refunds will be provided for the remainder of the billing cycle.

Data Ownership and Retention

The Client retains ownership of all data provided by the Client during the use of the Services. Upon termination of the subscription, the Company will retain the Client’s data for a limited period, as specified in the Company’s data retention policy, before secure deletion.

Intellectual Property

The Company retains ownership of all intellectual property associated with the Services, including any software, algorithms, and processes developed by the Company. The Client is granted a limited, non-exclusive license to use the Services solely for its internal business operations.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive business information exchanged during the course of this agreement. Confidential information will not be disclosed to third parties except as required by law or with prior written consent from the other party.

Limitation of Liability

The Company’s liability is limited to direct damages and shall not exceed the amount paid by the Client in the three months prior to the event giving rise to the claim. The Company will not be liable for indirect or consequential damages, including but not limited to lost profits, data loss, or service disruptions.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, United States.

Dispute Resolution

In the event of a dispute, both parties agree to make reasonable efforts to resolve the issue through informal negotiations. Should these negotiations fail, the parties agree to submit the dispute to binding arbitration in Delaware.

Termination

The Company reserves the right to terminate the Client’s access to the Services with immediate effect if the Client is found in breach of these Terms and Conditions.

Amendments to Terms

The Company reserves the right to modify these Terms and Conditions at any time. Any changes will be communicated to the Client in writing at least 30 days prior to their implementation.

Contact Information

For any questions regarding these Terms and Conditions, the Client may contact the Company at legal@rondah.ai.