Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using Fill My Calendar ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users, including healthcare practices, administrators, and any other individuals accessing the Service.

2. Description of Service

Fill My Calendar is a SaaS platform that helps healthcare practices recover revenue from cancelled appointments by:

  • Detecting cancelled appointments from connected calendars
  • Matching available slots with patients on waitlists
  • Sending automated notifications via SMS and email
  • Enabling patients to claim available appointments
  • Providing analytics and reporting on recovery performance

3. Account Registration

To use the Service, you must:

  • Provide accurate, current, and complete registration information
  • Maintain the security of your account credentials
  • Promptly update your information if it changes
  • Accept responsibility for all activities under your account

You must be at least 18 years old and have the authority to bind your organization to these Terms.

4. Subscription and Payments

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current pricing is available on our website. We reserve the right to modify pricing with 30 days notice.

4.2 Billing

  • Subscriptions are billed monthly in advance
  • Payment is due upon subscription start and on each monthly anniversary
  • All fees are non-refundable except as expressly stated
  • You authorize us to charge your payment method on file

4.3 Free Trial

We may offer a free trial period. At the end of the trial, you will be automatically charged unless you cancel before the trial ends.

4.4 Cancellation

  • You may cancel your subscription at any time from your account settings
  • Cancellation takes effect at the end of your current billing period
  • You will retain access until the end of your paid period
  • No refunds are provided for partial months

5. Your Responsibilities

You agree to:

  • Use the Service only for lawful purposes
  • Obtain proper consent from patients/clients before adding them to the system
  • Comply with all applicable laws, including HIPAA, TCPA, CAN-SPAM, and state privacy laws
  • Ensure all patient communications comply with your legal and ethical obligations
  • Not use the Service to send spam or unsolicited messages
  • Not attempt to reverse engineer, hack, or compromise the Service
  • Not share your account credentials with unauthorized parties

6. Patient/Client Consent

You are solely responsible for:

  • Obtaining appropriate consent from patients/clients to receive communications
  • Maintaining records of consent as required by law
  • Honoring opt-out requests promptly
  • Complying with TCPA requirements for SMS communications

We provide tools to help manage consent and opt-outs, but the legal responsibility remains with you.

7. Healthcare Compliance

If you are a healthcare provider subject to HIPAA:

  • We will enter into a Business Associate Agreement (BAA) upon request
  • You remain the covered entity responsible for your compliance obligations
  • You must configure the Service appropriately for your compliance needs
  • You are responsible for determining what information can be shared via SMS/email

8. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by Fill My Calendar and protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription.

You retain ownership of your data. By using the Service, you grant us a license to use your data solely to provide and improve the Service.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may:

  • Perform scheduled maintenance with reasonable notice
  • Experience unplanned outages due to circumstances beyond our control
  • Modify, suspend, or discontinue features with notice

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID IN THE 12 MONTHS PRIOR TO THE CLAIM
  • WE ARE NOT RESPONSIBLE FOR MISSED APPOINTMENTS, LOST REVENUE, OR PATIENT COMMUNICATIONS

11. Indemnification

You agree to indemnify and hold harmless Fill My Calendar and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your failure to obtain proper patient consent
  • Content or data you provide through the Service

12. Termination

We may suspend or terminate your access to the Service if:

  • You violate these Terms
  • Your payment fails and is not resolved promptly
  • Your use poses a security risk or legal liability
  • Required by law or legal process

Upon termination, your right to use the Service ends. You may request export of your data within 30 days of termination.

13. Dispute Resolution

Any disputes arising from these Terms or the Service shall be:

  • First attempted to be resolved through good-faith negotiation
  • Subject to binding arbitration under the rules of the American Arbitration Association
  • Governed by the laws of the State of Delaware

You waive any right to participate in class action lawsuits against us.

14. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Fill My Calendar.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our consent.

16. Contact Us

If you have questions about these Terms, please contact us at:

Fill My Calendar
Email: hello@fillmycalendar.com