Terms of Service

These Terms govern use of gBell. They form an agreement between the practice or organization using the service, called "you" here, and the company that provides gBell, called "we" and identified at the bottom of this page.

If a signed order form, master services agreement, or Business Associate Agreement exists between us, that document controls wherever it differs from these Terms. Nothing here reduces any commitment we have made to you in a signed agreement.

By creating an account, deploying an agent, or letting gBell answer a line on your behalf, you accept these Terms.

gBell answers inbound calls, books and reschedules appointments, sends intake links, verifies insurance eligibility, and supports the billing workflows behind a visit. It gives your staff a console for live calls, transcripts, appointments, and escalations.

We may change or improve the service over time. We will not materially reduce core functionality during a paid term without telling you first.

gBell is administrative software. It is not a medical device, it does not provide medical advice, diagnosis, or treatment, and it does not exercise clinical judgment.

Every clinical decision remains yours. Your licensed staff are responsible for the care of your patients, for reviewing anything the system surfaces, and for the accuracy of the records you keep. Insurance eligibility responses come from third-party clearinghouses and payers, are not a guarantee of coverage or payment, and should be treated as informational.

Automated systems make mistakes. A transcript can be wrong, a name can be misheard, an eligibility response can be stale. Build your workflows expecting that, the same as you would with any staff member.

gBell is not an emergency service and must never be relied on as one. It cannot dispatch help, it cannot guarantee a call is answered, and it cannot replace clinical triage.

The agent is instructed to tell callers who describe an emergency to hang up and call 911, and to flag those calls to your staff at the highest priority. Automated systems can fail to recognize an emergency or misinterpret what a caller says. You must not rely on this behavior as a triage mechanism, and you are responsible for maintaining an emergency plan that does not depend on this service being available or correct.

Consent and notice. You are responsible for the disclosures and consents your jurisdiction requires, including for call recording. California, Florida, Illinois, Pennsylvania, Washington and several other states require every party to a confidential conversation to consent before it is recorded, and which law applies usually follows where the caller is rather than where you are. Our agent states at the start of every call that the caller is speaking with an automated assistant and that the call is recorded. You may adjust the wording and the voice, but the disclosure must remain the first thing a caller hears, must state both facts, and must be delivered in the language of the call. You may not remove it, shorten it past those requirements, or delay it.

Outbound contact. If you use campaigns, reminders, or outreach, you are responsible for complying with the TCPA, do-not-call rules, and any state analogue, including holding the consents those laws require and confirming that your message content qualifies for any exemption you rely on. We provide opt-out handling for messages sent through the service and will honor a revocation received by any reasonable means.

Language access and accommodations. You are responsible for meeting your own obligations for meaningful access, including for callers with limited English proficiency and callers who need a TTY, a relay service, or another accommodation. Maintain a path for those callers that does not depend on the agent.

Your data. You are responsible for the accuracy of the patient, provider, schedule, and insurance information you put into gBell, and for having the right to give it to us.

Your accounts. Keep credentials secure, remove staff who leave, and tell us promptly if you suspect unauthorized access.

Lawful use. Do not use gBell to deceive patients about whether they are speaking with an automated system, to harass anyone, or in any way that breaks the law.

If your use of gBell involves protected health information, we will sign a Business Associate Agreement with you before that information moves, and that BAA governs our handling of it.

We do not use your patient information to train AI models. We do not sell it. We use it to run the service for you, and for nothing else. Our agreements with subprocessors that handle protected health information prohibit them from using it for training, and we will describe the current configuration of any provider in our chain on request.

You retain all rights in your data. You grant us a non-exclusive licence to host, store, transmit, display, and create derivative works from it, such as a transcript of a call, solely as needed to provide and support the service, and as further limited by the BAA where the data includes protected health information. That licence ends when we return or destroy your data.

The service is not configured for records subject to 42 CFR Part 2 or for other categories carrying confidentiality requirements beyond HIPAA, including psychotherapy notes and, in some states, HIV status and reproductive or gender-affirming care information. You may not use gBell to collect, store, or transmit those records unless we have agreed in writing to support them.

Where your use of the service produces patient communications that state law requires be identified as AI-generated, the service includes that disclaimer and instructions for reaching a human at your practice. You are responsible for determining which of your communications are in scope.

The service does not determine whether a minor patient has consented to confidential care. You are responsible for configuring which patients and which appointment types the agent may discuss, confirm, or send messages about.

Fees, billing period, and any usage-based charges are set in your order form. Unless it says otherwise, fees are invoiced in advance, due within thirty days, and non-refundable once the period begins.

Telephony, model usage, and clearinghouse transactions may be billed as usage. We will tell you before changing prices for a renewal term.

Fees are exclusive of sales, use, telecommunications, and similar taxes and surcharges, which you are responsible for. Overdue amounts accrue interest at one and a half percent per month or the maximum the law allows, whichever is less. In any dispute arising from this agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

If an invoice is materially overdue we may suspend the service after written notice and a reasonable chance to cure. We will not suspend a line without warning you, because your phone is how your patients reach you. The exception is where we must act immediately to stop an active security threat, where an upstream provider or a court requires it, or where continued operation would break the law. In those cases we will tell you as soon as we are able.

We own gBell, including the software, models, interfaces, and anything we build. You get a non-exclusive, non-transferable right to use it during your term. You own your data and your content.

If you send us feedback, we may use it to improve the product without owing you anything for it. Feedback never includes your patient data.

Each of us will protect the other's confidential information with at least reasonable care, use it only for this relationship, and return or destroy it when the relationship ends. These obligations survive termination.

We warrant that we will provide the service with reasonable skill and care, in a manner consistent with the BAA and applicable law.

Beyond that, and to the fullest extent the law allows, gBell is provided "as is." We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that a transcript will be accurate, or that any particular call will be answered.

Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, even if told such damages were possible. This exclusion does not apply to amounts owed under the Indemnification section, or to the categories of direct damage identified below.

Each party's total liability arising out of or relating to this agreement is capped at the fees you paid or owed for the twelve months before the event giving rise to the claim.

That cap does not apply to: your obligation to pay fees; either party's indemnification obligations; a breach of confidentiality; a party's gross negligence, willful misconduct, or fraud; or liability that cannot be limited by law.

For liability arising from a breach of unsecured protected health information caused by our failure to meet our obligations under the BAA, our total liability is capped at the greater of three times the fees paid or payable in the twelve months before the incident, or fifty thousand dollars. For that category only, and notwithstanding the exclusion of indirect and consequential damages above, direct damages include the reasonable and documented costs of forensic investigation, individual notification, and credit monitoring.

These limits reflect how the fees were priced. Without them, the service would cost more.

We will defend you against a third-party claim that gBell, used as permitted, infringes that party's intellectual property rights, and pay the damages or settlement finally awarded. We have no obligation for a claim to the extent it arises from your data or content, from combining the service with anything we did not provide, from modifications we did not make, from your written specifications, or from your continued use after we offered a non-infringing alternative. If the service becomes the subject of an infringement claim, we may procure the right for you to keep using it, modify or replace it so it is non-infringing, or terminate the affected service and refund prepaid unused fees. This paragraph is your exclusive remedy for intellectual property infringement, and our liability under it is capped at three times the fees paid or payable in the preceding twelve months.

You will defend us against a third-party claim arising from your data, your use of the service in breach of these Terms or applicable law, your clinical decisions, or the recording or monitoring of calls on your lines, and pay the damages or settlement finally awarded.

The party seeking indemnity must give prompt written notice, let the other control the defence, and cooperate reasonably. Late notice relieves the indemnifying party only to the extent it was actually prejudiced. The indemnified party may participate with its own counsel at its own expense, and may assume the defence if the indemnifying party fails to. Neither party may settle in a way that admits fault or imposes an obligation on the other without that party's written consent.

Each party will maintain insurance appropriate to its size and the risk it carries under this agreement, including commercial general liability, and professional liability and cyber liability covering data and privacy incidents, in amounts consistent with industry practice.

On written request, either party will provide a certificate of insurance. If your organization requires specific limits, additional insured status, or a waiver of subrogation, raise it during contracting and we will address it in the order form rather than leave it to a standard-terms page.

The agreement runs for the term in your order form and renews as stated there. Either party may terminate for material breach on thirty days' written notice if the breach is not cured in that window, and either may terminate immediately if the other becomes insolvent.

On termination we stop processing, and we return or destroy your data as the BAA specifies. Provided your account is current, you get thirty days to export your records and to start porting any number we provisioned for you, because cutting off a clinic's phone without notice would harm patients, not just you. Porting depends on the receiving carrier and we cannot guarantee its timing, but we will cooperate with reasonable requests.

California law governs this agreement, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts in Orange County, California, and both parties consent to personal jurisdiction there.

Before filing anything, the parties will escalate the dispute to senior representatives and try in good faith to resolve it for thirty days. Either party may seek injunctive relief at any time to protect intellectual property or confidential information.

These Terms create no rights in any person or entity that is not a party to them, including any patient or other caller.

Neither party is liable for delays caused by events outside its reasonable control, though this never excuses a failure to pay or an obligation to safeguard protected health information.

You may not assign this agreement without our written consent, except to a successor in a merger or sale of substantially all assets, on notice to us. The same applies to us.

If a provision is unenforceable, the rest survives. A failure to enforce something is not a waiver of it. Where documents conflict, the order of precedence is: the Business Associate Agreement for anything concerning protected health information, then your order form, then any master services agreement, then these Terms, then the Privacy Policy. Those documents together are the entire agreement between us on this subject.

We may update these Terms. For a change that materially affects your rights we will email the account administrator at least thirty days beforehand, and the change does not take effect mid-term without your agreement. Questions: info.y@gbellai.com.