Terms & Conditions

NovaPulse is an AI-powered voicemail management service for medical clinics. The Service provides:

• Automated voicemail transcription and organization
• AI-powered call classification and prioritization
• Automated routing of messages to appropriate clinic personnel
• Real-time call status notifications
• Analytics and reporting on call patterns
• Custom greeting personalization
• EMR integration support

IMPORTANT: NovaPulse is an administrative communication tool. It is not a medical device, diagnostic tool, or clinical decision support system. NovaPulse does not:

• Provide medical diagnoses, recommendations, or clinical assessments
• Make clinical triage decisions or determine medical urgency
• Replace the judgment of licensed healthcare professionals
• Constitute Software as a Medical Device (SaMD) under FDA guidance

The AI-powered features of the Service (including call classification, prioritization, and routing) are purely administrative functions designed to help clinic staff manage communications more efficiently. All clinical decisions remain the sole responsibility of qualified healthcare professionals at the Subscriber's practice.

Nothing in the Service, on our website, or in any NovaPulse communications constitutes medical advice, a medical opinion, or a recommendation for any course of treatment. NovaPulse does not establish a provider-patient relationship with any caller.

In celebration of our launch, NovaPulse is offering qualifying new subscribers free access to the Service, subject to the following terms:

• Included Usage: Up to 500 Usage Minutes per calendar month at no charge.
• No credit card required to enroll in the Promotional Offer.
• Eligibility: Available to new clinic customers only. Limited to one Promotional Offer per clinic entity.

If your clinic approaches or exceeds 500 Usage Minutes in a calendar month:

• Notification: NovaPulse will notify you before you reach the 500-minute limit.
• No automatic charges: You will not be automatically billed for overage. Exceeding 500 minutes does not trigger any payment obligation under the Promotional Offer.
• Service continuity: If usage exceeds 500 minutes, NovaPulse may, at its discretion, contact you to discuss a paid plan that fits your volume. The Service may be paused for the remainder of the month if a paid plan is not selected.

The Promotional Offer is a genuinely free tier of service, not a free trial. There is no automatic conversion to a paid plan, no automatic billing, and no credit card on file. You will never be charged unless you affirmatively select and agree to a paid plan.

NovaPulse reserves the right to modify, suspend, or discontinue the Promotional Offer at any time, for any reason, with reasonable notice to active Promotional Offer subscribers.

If the Promotional Offer is discontinued:

• You will receive at least 30 days' written notice (via email) before any change takes effect
• You will have the option to transition to a paid plan at then-current pricing
• If you choose not to transition, your account will be deactivated and your data handled per our Data Retention policy (Section 7)

You may cancel your Promotional Offer account at any time by contacting privacy@novapulse.care or through your account settings. There is no penalty, fee, or obligation for cancellation.

Paid subscription plans are available at novapulse.care/pricing. Current plans include Professional, Enterprise, and Custom Volume tiers. Pricing is subject to change with 30 days' prior written notice to active subscribers.

• Billing cycle: Monthly, beginning on the date you subscribe to a paid plan.
• Payment method: Credit card or other accepted payment method, charged automatically each billing cycle.
• Overage charges:Usage exceeding your plan's included minutes is billed at the per-minute overage rate specified in your plan (currently $0.13/minute for standard plans).

Payments not received within ten (10) days of the due date will be subject to a late fee of 1.5% per month (or the maximum permitted by law, whichever is lower). The Company reserves the right to suspend access to the Service after thirty (30) days of non-payment.

AUTOMATIC RENEWAL NOTICE: Paid subscriptions automatically renew each month at the then-current rate unless you cancel before the end of your current billing cycle. You may cancel at any time through your account settings or by contacting privacy@novapulse.care.

• Cancellation: You may cancel your paid subscription at any time. Cancellation takes effect at the end of the current billing cycle. You retain access to the Service through the end of the paid period.
• Refunds: Monthly subscription fees are non-refundable. Overage charges incurred before cancellation are non-refundable.
• Downgrade: You may downgrade to a lower-tier plan at any time. Downgrades take effect at the next billing cycle.

In accordance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq.), NovaPulse will:

• Present the automatic renewal terms clearly and conspicuously before you subscribe
• Obtain your affirmative consent to the automatic renewal terms
• Provide a confirmation that includes the automatic renewal terms, cancellation policy, and information on how to cancel
• Provide a toll-free telephone number, email address, or other easy mechanism for cancellation

NovaPulse implements administrative, physical, and technical safeguards designed to comply with the Health Insurance Portability and Accountability Act (HIPAA) and the HITECH Act. This includes:

• Encryption of PHI in transit and at rest
• Role-based access controls
• Audit logging of all PHI access
• Workforce training on HIPAA requirements

Important:There is no official “HIPAA certification” issued by the U.S. Department of Health & Human Services (HHS). When NovaPulse states it is “HIPAA compliant” or “HIPAA ready,” this means we have implemented safeguards designed to meet HIPAA requirements. Compliance is an ongoing process, and NovaPulse regularly reviews and updates its practices.

The Company operates as a Business Associate under HIPAA. A BAA must be executed between the Company and the Client (as a Covered Entity) prior to the processing of any PHI. The BAA defines the permitted uses, disclosures, and safeguards for PHI and is available upon request.

NovaPulse maintains SOC 2 Type II attestation covering the trust service criteria of security, availability, and confidentiality. A summary of the SOC 2 Type II report is available upon request under NDA.

Note:SOC 2 Type II is an attestation, not a certification. It provides assurance that NovaPulse's controls have been tested and found to be operating effectively over a defined period.

The Service maintains the following security controls:

• Encryption in transit (TLS 1.2+) and at rest (AES-256)
• SAML-based Single Sign-On (SSO) for enterprise accounts
• Role-based access controls with least-privilege principles
• Continuous vulnerability scanning and penetration testing
• 24/7 monitoring and intrusion detection

In the event of a breach of unsecured PHI, the Company will notify the affected Client without unreasonable delay and no later than sixty (60) days after discovery, in accordance with 45 CFR Part 164, Subpart D.

You retain ownership of all data you provide to or generate through the Service, including voicemail recordings, transcriptions, and clinic data. NovaPulse does not claim ownership of your data.

NovaPulse uses your data solely to provide and improve the Service. We do not sell, rent, or share your data with third parties for marketing purposes. Aggregated, de-identified data may be used for product improvement and analytics.

Upon termination or cancellation of your account:

• Your data will be retained for 30 days to allow for data export
• After 30 days, your data will be securely deleted in accordance with our data destruction procedures
• You may request immediate deletion at any time by contacting privacy@novapulse.care

Our collection and use of personal information is governed by our Privacy Policy, available at novapulse.care/privacy. The Privacy Policy is incorporated into these Terms by reference.

You agree to use the Service only for its intended purpose: managing legitimate patient voicemail and clinic communications. You will not use the Service for any unlawful, abusive, or unauthorized purpose.

You may not use the Service to:

• Send, facilitate, or enable unsolicited bulk messages, spam, or commercial solicitations to patients or any third parties
• Send communications that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable anti-spam or telemarketing law
• Harass, threaten, stalk, or intimidate any person
• Transmit content that is defamatory, obscene, fraudulent, or otherwise objectionable
• Impersonate another person, clinic, or entity
• Use the platform to collect, harvest, or scrape patient contact information for purposes unrelated to the Subscriber's direct patient care relationship
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
• Use the Service to facilitate any form of phishing, social engineering, or fraud
• Resell, sublicense, or provide access to the Service to third parties without NovaPulse's prior written consent

If you use any messaging features of the Service (including Patient SMS when available), you additionally agree to:

• Obtain proper patient consent before sending any text messages, in compliance with TCPA and applicable state laws
• Honor all opt-out requests promptly and maintain a suppression list
• Include proper sender identification in all messages
• Limit messages to legitimate clinic-patient communications (appointment reminders, care follow-ups, voicemail status updates)
• Not use messaging features for marketing, advertising, or promotional purposes unless the recipient has provided express written consent

NovaPulse reserves the right to investigate suspected violations of this section. If we determine, in our sole discretion, that a violation has occurred, we may:

• Issue a warning to the Subscriber
• Suspend the Subscriber's access to the Service, with or without notice
• Terminate the Subscriber's account for repeated or severe violations
• Report illegal activity to appropriate law enforcement authorities

Account suspension or termination for violation of this section does not entitle the Subscriber to any refund.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVAPULSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOVAPULSE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVAPULSE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NOVAPULSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. FOR PROMOTIONAL OFFER SUBSCRIBERS WHO HAVE PAID NOTHING, NOVAPULSE'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

NovaPulse shall have no liability for any clinical decisions made by healthcare professionals based on, or in reliance upon, information processed by the Service. The Subscriber acknowledges that NovaPulse is an administrative tool and that all clinical decisions are the sole responsibility of qualified healthcare professionals.

You may terminate your subscription at any time by providing written notice to the Company. Termination takes effect at the end of the current billing cycle. No refunds will be issued for the remaining portion of a billing period.

The Company may terminate or suspend your access to the Service immediately if you: (a) breach any material term of these Terms; (b) fail to pay fees when due after notice and a ten (10) day cure period; (c) use the Service in a manner that poses a security risk; or (d) become subject to bankruptcy or insolvency proceedings.

Upon termination: (a) your access to the Service will cease; (b) the Company will securely delete or return PHI in accordance with the BAA; (c) all outstanding fees become immediately due and payable; and (d) provisions that by their nature should survive termination (including Sections 7, 10, 11, 12, 17, and 19) will survive.

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms shall first be submitted to good-faith mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Louisville, Kentucky. Each party shall bear its own costs and an equal share of arbitration fees.

YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms, together with the Privacy Policy and any executed BAA, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of the Company. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, labor disputes, or telecommunications failures.

All notices under these Terms shall be in writing and sent to the addresses provided during account registration. Notices to the Company should be directed to: privacy@novapulse.care.