Terms & Conditions

These terms govern your use of the Modulon Health website and the Modulon platform (together, the "service"), provided by Modulon Health ("Modulon", "we", "us"). By using the service you agree to these terms. If you use it on behalf of a clinic or other organization, you agree on its behalf and confirm you have authority to do so; "you" then includes that organization.

Clinics that subscribe to Modulon also sign an order form and a master services agreement, together with the data protection terms for their region: a Business Associate Agreement in the United States, or a Data Processing Agreement elsewhere. Where those documents conflict with these terms, those documents control.

Modulon provides software that helps specialty clinics run their operations, including answering calls and texts, a shared inbox, scheduling and online booking, intake, an AI note taker, refills, results routing, prior authorizations, eligibility checks, claims and patient payments. The features available to a clinic depend on its plan and its region.

Some features are offered as previews and are marked as such. Previews may change or be withdrawn and are provided without the commitments in a clinic's order form.

We improve the service continually and may change or retire features. We will give subscribing clinics reasonable advance notice of any change that materially reduces the service they pay for.

Each clinic starts with a pilot, usually 90 days at one location, on the terms in its order form. During a pilot, new tasks run in a watch-only mode, drafting what Modulon would do without sending anything, until the clinic turns each one on. The data protection terms for the clinic's region are signed before the pilot begins and apply in full throughout it.

Modulon is an operations tool. It does not practice medicine, diagnose conditions, triage emergencies, or replace the judgment of a licensed provider. Clinical decisions, the content of the medical record, and the clinic's policies remain the responsibility of the clinic and its providers.

Modulon is not an emergency service. Anyone with a medical emergency should call their local emergency number, such as 911 in the United States, 112 in Europe, 998 in the UAE or 999 in Qatar, or go to the nearest emergency department. When a caller describes an emergency, Modulon tells them to do so and alerts the clinic.

Modulon's AI features act within the policies each clinic configures, which are enforced in software, and hand off to staff when a request falls outside them. The clinic is responsible for:

• Configuring those policies so they match its own procedures and the law that applies to it.
• Reviewing AI-drafted content, such as visit notes and patient messages, before it is signed, sent or relied on. Nothing clinical reaches a patient without a clinician's approval.
• Keeping a person available to take over when a patient asks for one.

AI output can be wrong. Modulon records every action the AI takes with the rule that allowed it, so staff can check and correct it. Modulon tells callers and texters that they are dealing with an automated assistant, and the clinic agrees not to configure the service to hide that.

Each person needs their own account; accounts may not be shared. Keep your credentials secure, use multi-factor authentication, and tell us promptly if you believe your account has been compromised. Clinic administrators are responsible for granting and removing their staff's access and for activity under their clinic's accounts.

You agree not to:

• Use the service in a way that breaks the law, including health privacy, data protection, telemarketing, anti-spam and consumer protection laws.
• Access data you are not authorized to see, or probe, scan or try to get around security or usage limits.
• Copy, modify, reverse engineer, resell or sublicense the service, or use it to build a competing product.
• Upload malicious code, or interfere with the service or other customers' use of it.
• Use the service to call or text people who have not agreed to be contacted, or to send marketing without the consent the law requires.
• Try to make the AI act outside the clinic's policies, or impersonate a person or another clinic.

We may suspend access that puts patients, clinics or the service at risk. Where we can, we will tell you first and give you a chance to fix the problem.

Calls and texts that Modulon makes to patients are made on the clinic's behalf. The clinic is responsible for:

• Having the patient consents those communications require, including for automated or AI-voiced calls and texts, and keeping a record of them.
• Obtaining consent before the AI note taker records a visit, and meeting any other recording consent law that applies to it.
• Sending only messages about the patient's care and account, unless the patient has agreed to more.

Modulon announces call recording, honors opt-outs such as "STOP" automatically, records them for the clinic, and respects the quiet hours the clinic sets. The clinic will provide the business details that carriers and regulators require to register its messaging, such as for 10DLC in the United States or sender ID registration in the Gulf.

Clinics own the data they put into Modulon and the records Modulon creates for them ("customer data"). We use customer data only to provide and secure the service for the clinic, as described in our Privacy Policy and the clinic's data protection terms. We do not sell it, and we do not use patient data to train general-purpose AI models.

Customer data is stored in the clinic's region, as described on our subprocessors page. Clinics can export their data while their subscription is active and for 30 days after it ends. After that, we delete or return it as their data protection terms require.

We may use information about how the service performs, such as call volumes, response times and error rates, that does not identify any patient, clinic or person, to run and improve the service.

The service connects to products we do not control, such as a clinic's medical record or practice management system, phone system, inbox, clearinghouse and payment processor. Your use of those products is governed by their own terms. We are not responsible for their availability or for changes they make that affect an integration, though we will work to restore any integration that breaks. Clinics that take patient payments through Modulon also agree to our payment processor's terms for connected accounts.

Fees, currency, billing frequency, included usage and the length of any pilot are set out in the clinic's order form. Usage above the included amounts, such as voice minutes, texts and eligibility checks, is billed at the rates in the order form. Unless the order form says otherwise, invoices are due within 30 days, fees are non-refundable, and fees exclude taxes such as sales tax and VAT, which the clinic is responsible for. We may suspend the service if an undisputed invoice is more than 30 days overdue, after giving notice.

Patient payments collected through Modulon are paid out directly to the clinic's own account by our payment processor. Modulon does not hold patient funds.

Each party will keep the other's non-public business information confidential, use it only to perform under these terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed. Patient data is protected by the clinic's data protection terms in addition to this section.

Modulon and its licensors own the service, including its software, designs, documentation and trademarks, but not customer data. During its subscription, we grant a clinic a limited, non-exclusive, non-transferable right to use the service for its own operations. Content on this website may not be reused without our permission. If you send us feedback or suggestions, we may use them without obligation to you.

We will provide the service with reasonable skill and care, in line with its documentation and applicable law.

Except as stated in a signed agreement, the service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that AI-generated output will always be accurate.

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however caused.

Each party's total liability under these terms is limited to the fees the clinic paid Modulon in the 6 months before the event giving rise to the claim. Claims about customer data, including its unauthorized use or disclosure, are subject to the same limit. These limits do not apply to a party's indemnity obligations, or to liability that cannot be limited by law, such as for death or personal injury caused by negligence, or fraud.

A clinic is responsible for the rules it sets, for what Modulon does under those rules, and for anything its team approves or sends. We are not responsible for the clinic's own systems, such as its record system, phones, payers or payment processor, or for failures they cause.

We will defend a clinic against third-party claims that the service, used as permitted, infringes their intellectual property, and pay any resulting damages. A clinic will defend Modulon against third-party claims arising from its customer data, its patient consents, or its use of the service in breach of these terms, and pay any resulting damages.

A clinic may end its subscription as its order form allows. Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days of written notice. When the agreement ends, access stops, unpaid fees become due, and customer data is handled as described in "Your data" above. Sections that by their nature should survive, such as confidentiality, liability and indemnification, survive.

For clinics in the European Union, the United Kingdom and the Gulf, the clinic's order form sets the governing law and courts, the currency and the hosting region. Unless it says otherwise:

• Clinics in the European Union and the United Kingdom are governed by the laws of England and Wales.
• Clinics in the UAE are governed by the laws of the Dubai International Financial Centre, with disputes heard by its courts.
• Clinics in Qatar are governed by the laws of the Qatar Financial Centre, with disputes heard by the Qatar International Court.
• Clinics elsewhere in the Gulf are governed by the law their order form names.

Nothing in these terms limits rights that consumers or patients have under the mandatory law of the country where they live. Our EU and UK Privacy and Middle East Privacy pages describe how we meet local data protection law.

Except as set out above or in an order form, these terms are governed by the laws of the State of Delaware and the United States, without regard to conflict-of-law rules. Neither party is liable for delays caused by events beyond its reasonable control. You may not assign these terms without our consent, except to a successor of your clinic. If any part of these terms is unenforceable, the rest remains in effect, and failing to enforce a term is not a waiver of it. These terms are written in English; if they are translated, the English version controls unless local law requires otherwise.

We may update these terms. We will post the new version here with a new date and give subscribing clinics notice of material changes before they take effect. Notices to Modulon should be sent to hello@modulonhealth.com.