Terms of Service

1. Who you are contracting with

These terms are an agreement between you and CyberNetX LLC, a limited liability company organized under the laws of the Commonwealth of Virginia.

By creating an account or using talaria, you agree to them. If you are agreeing on behalf of a practice or company, you confirm you have authority to bind it.

2. The service

The talaria platform lets you send appointment reminders, alerts and notifications to contacts you provide, by email and SMS, on schedules you configure.

We provide the platform. You decide what is sent, to whom, and when. You remain responsible for the content of your messages and for having the right to send them.

3. Your responsibilities

You are responsible for obtaining and maintaining consent from every person you message, in the form applicable law requires. For SMS in the United States that means prior express consent, and prior express written consent where a message is promotional.

You agree to keep contact records accurate, to honor opt-outs promptly, and not to use the platform to send messages that are unlawful, deceptive, harassing, or that you lack consent to send.

You are responsible for the accuracy of the appointment and contact data you import. We deliver what you instruct us to deliver.

4. Acceptable use

The platform may not be used to send unsolicited bulk messages, content prohibited by mobile carriers (including messaging related to cannabis, illegal substances, high-risk financial offers, or explicit content), or anything that violates the policies of our messaging providers.

Carriers may block or filter messages at their discretion. Sustained delivery problems caused by your sending practices — high complaint rates, poor list quality, messaging without consent — may require us to suspend sending on your account to protect delivery for other customers. We will tell you why and what would resolve it.

5. Protected health information

If you are a HIPAA covered entity, a Business Associate Agreement must be executed before you send PHI through the platform. That agreement governs our handling of PHI and takes precedence over these terms where they conflict.

6. Fees

Subscription fees, message allowances and overage rates are those quoted to you in writing. Messaging charges begin when your sending number is active, not when you sign up, because carrier registration can take several weeks and you should not pay for capacity you cannot yet use.

Fees are billed in advance and are non-refundable except where required by law.

7. Service availability

We do not currently offer a contractual uptime commitment, and we would rather say so plainly than publish a number we have not measured. We provide the service using commercially reasonable efforts and support during United States business hours.

Message delivery depends on mobile carriers, email providers and recipient systems that we do not control. We cannot guarantee that any individual message is delivered, and no provider can.

8. Your data

You retain ownership of the data you put into the platform. We use it to provide the service, as described in our Privacy Policy and in any Business Associate Agreement in force.

You can export your data at any time. On termination we delete it as described in the Privacy Policy.

9. Termination

You may cancel at any time; cancellation takes effect at the end of the current billing period. We may suspend or terminate an account for non-payment, for breach of these terms, or where continued sending would put other customers' delivery at risk.

We will give notice before terminating except where immediate action is required to prevent harm or to comply with law.

10. Disclaimers and limitation of liability

Except as expressly stated, the service is provided "as is" without warranties of any kind, to the extent permitted by law.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages. Our total liability arising out of these terms is limited to the fees you paid in the twelve months preceding the claim. Nothing here limits liability that cannot be limited by law, and this clause does not limit either party's obligations under an executed Business Associate Agreement.

11. Governing law

These terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. The state and federal courts located in Virginia have exclusive jurisdiction over disputes arising from them.

12. Changes and contact

We may update these terms and will post changes here with a new effective date. Material changes affecting an active subscription take effect at your next renewal.

Questions: support@cybernetx.co.