Terms of Service

The service

Stillbook provides scheduling, charting, payments, and client-management software for solo massage therapists. By creating an account you agree to these Terms, to our Privacy Policy, and — where you handle Protected Health Information — to the Business Associate Agreement, which is incorporated by reference.

During early access, the service is provided free of charge while we finish building toward general availability. Paid plans and billing terms will be introduced with advance notice; nothing here obligates you to pay during early access.

Your account

You are responsible for the accuracy of the information you enter, for maintaining the confidentiality of your credentials, and for your use of the service in compliance with the laws and professional obligations that apply to your practice.

By creating an account you represent that: you are at least 18 years old and able to form a binding contract; if you are accepting for a practice entity, you have authority to bind it; and you have the lawful authority — including any consent or parental/guardian authorization your jurisdiction requires — to provide the client information, including minors' and other third parties' health information, that you enter into the service.

Your clients' data & the BAA

You own your practice data. You grant Stillbook LLC only the limited license needed to operate: to host, store, transmit, display, back up, and process your practice data solely to provide, secure, and support the service, consistent with the Privacy Policy. This license ends when your data is deleted from the service. For Protected Health Information, the Business Associate Agreement governs and controls over this section.

You are responsible for obtaining the consents your jurisdiction requires from your clients (for example, consent to receive appointment text messages), and for meeting the clinical-record retention obligations of your license and state, including exporting records you are required to keep before deleting them.

Our software & feedback

The service, including its software, design, and content (excluding your practice data), belongs to Stillbook LLC and its licensors. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the service for your practice while these Terms are in effect. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

Acceptable use

Don't use the service to break the law, to send unsolicited marketing to your clients, or to attempt to access another practice's data or disrupt the service. Don't resell the service, probe or test its security without permission, or enter real client information into any demo or trial workspace we designate as non-production.

Suspension & termination by Stillbook

We may suspend or terminate your access if: you materially breach these Terms or the Business Associate Agreement and do not cure within 14 days of notice; your use breaks the law or creates a security, legal, or abuse risk to the service, other practices, or their clients (in which case we may act immediately, with notice as soon as practicable); or, after paid plans begin, your account is more than 30 days past due and you do not cure within 10 days of notice. Where practicable we will warn you and give you a chance to fix the problem before suspending. If your account is terminated, we will make your practice data available for export for a reasonable period, as described in the Privacy Policy, unless the law requires otherwise.

Availability, warranties & liability

The service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We aim for high availability but do not guarantee uninterrupted, error-free, or loss-free service. You are responsible for maintaining copies of records you are required to keep, using the export tools we provide.

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility; and (b) each party's total aggregate liability arising out of or relating to these Terms or the service is limited to the greater of (i) the amounts you paid us for the service in the 12 months before the event giving rise to the claim, or (ii) one hundred dollars (US $100). These limits do not apply to your payment obligations, either party's indemnification obligations, your breach of the Acceptable use section, or liability that cannot be limited by law.

Indemnification

You agree to indemnify and hold harmless Stillbook LLC, and its officers and contractors, from any claim, demand, loss, or expense (including reasonable attorneys' fees) brought by a third party arising out of your use of the service, your violation of these Terms or of any law, or a claim brought by one of your clients or another third party relating to your practice — including how you collect, use, or disclose your clients' information. We will give you prompt notice of any such claim and reasonable cooperation, and you may control the defense with counsel reasonably acceptable to us; we may participate at our own expense, and you may not settle a claim in a way that imposes obligations on us without our consent.

Nothing in this section limits Stillbook LLC's own obligations under the Business Associate Agreement or under law with respect to Protected Health Information, or requires you to indemnify us for losses to the extent caused by our breach of these Terms, the Business Associate Agreement, or the Privacy Policy.

Service-provider & data-processing terms

For personal information that is not Protected Health Information (which the Business Associate Agreement governs), Stillbook LLC acts as your service provider and processor, and this section is the data-processing contract between us.

Scope of processing: we process that information only to provide, secure, and support the scheduling, charting, payments, messaging, and client-management service described in these Terms — the specific business purposes of our engagement — on your documented instructions, for the duration of your account. The categories of data processed are those you and your clients enter as described in the Privacy Policy.

Our commitments: we will not sell or share the personal information; not retain, use, or disclose it for any purpose other than the specific business purposes above, or outside our direct business relationship with you, except as the law permits; not combine it with personal information we receive from others or collect ourselves, except as permitted by regulation for those business purposes; provide the same level of privacy protection the applicable law requires of you; ensure everyone we authorize to process it is bound by a duty of confidentiality; notify you if we determine we can no longer meet our obligations under applicable privacy law; and grant you the right, on reasonable notice, to take steps to ensure our processing is consistent with these commitments, to stop and remediate any unauthorized use, and to obtain the information reasonably necessary to demonstrate our compliance (including reasonable cooperation with assessments or audits).

Assistance and rights requests: we will assist you, through the tools we provide and reasonable cooperation, in responding to consumers' requests to exercise their rights (access, correction, deletion, portability), in meeting your security and breach-notification obligations, and in performing any data-protection assessments the law requires of you; if a consumer sends a request to us directly, we will forward it to you.

Subprocessors: we may engage subprocessors to process this information only under a written contract imposing obligations equivalent to this section, and we publish the current list on our Security page — that page is our notice of engaged subprocessors, and we update it before adding a new one.

Deletion and return: at the end of our engagement we will delete or return the personal information at your direction, except as the law allows or requires us to keep it.

Washington My Health My Data Act: where the information is "consumer health data" under Washington's My Health My Data Act (or a similar consumer-health-privacy law) and you are a regulated entity or small business under that law, this section is the binding contract required of processors: we process that data only on your behalf and per the instructions above, we will assist you in fulfilling your obligations under that law — including honoring consumer deletion requests, extending to archived and backup systems as the law requires — and we act as your processor only within the scope of this contract. You are responsible for the obligations that law places on regulated entities, including publishing a consumer health data privacy policy and obtaining any required consents from your clients.

These terms are intended to satisfy the service-provider and processor contract requirements of the California Consumer Privacy Act (as amended by the CPRA) and its regulations, the Texas Data Privacy and Security Act, Washington's My Health My Data Act, and comparable state privacy laws.

Governing law & venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. You and Stillbook LLC agree that the state and federal courts located in Salt Lake County, Utah have exclusive jurisdiction and venue over any dispute that is not subject to the dispute-resolution section below, and you consent to personal jurisdiction there.

Dispute resolution

Before starting arbitration or any proceeding, you agree to first email us at support@stillbook.app with a description of the dispute and give us thirty (30) days to resolve it informally. Completing this step is a condition precedent to arbitration. Most concerns can be resolved this way.

Any dispute arising out of or relating to these Terms or the service that is not resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for disputes arising from business use that the AAA determines are commercial, its Commercial Arbitration Rules), before a single arbitrator. The rules are available at adr.org. The arbitration will be conducted in English, by videoconference or written submissions unless the arbitrator finds an in-person hearing is required, in which case it will be held in Salt Lake County, Utah or the county where you practice, at your election. Payment of filing, administration, and arbitrator fees is governed by the AAA's rules and fee schedules. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or data.

You and we each waive any right to a jury trial and agree that disputes may be brought only in an individual capacity — not as a plaintiff or class member in any class, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any representative proceeding. If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court under the governing-law section rather than in arbitration, and the remainder of this section stays in effect. If multiple similar demands are filed against us by coordinated counsel, the parties will follow the AAA's Mass Arbitration Supplementary Rules.

You may opt out of this arbitration agreement (and the class waiver, as applied to arbitration) with no effect on the rest of these Terms by emailing support@stillbook.app with your name, practice name, and account email within thirty (30) days of first accepting these Terms. This section does not apply where it is prohibited by law.

Termination & changes

You may stop using the service and delete your account at any time.

We may update these Terms. If a change meaningfully reduces your rights or increases your obligations, we will notify you (by email or a prominent in-service notice) at least 30 days before it takes effect; changes apply prospectively only, and if you do not agree you may close your account before the change takes effect. Continued use after the effective date constitutes acceptance. Fee changes, once paid plans exist, will be announced in advance and apply only to subsequent billing periods.

Miscellaneous

These Terms, together with the Privacy Policy and the Business Associate Agreement, are the entire agreement between you and Stillbook LLC about the service and supersede prior discussions. If a provision is found unenforceable, it will be reformed to the minimum extent necessary and the rest remains in effect. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, with notice to you. Neither party is liable for delay or failure caused by events beyond its reasonable control. A party's failure to enforce a provision is not a waiver. Except where the law forbids it, any claim arising out of these Terms or the service must be brought within one (1) year after it accrues. Sections that by their nature should survive termination (including ownership, indemnification, liability limits, dispute resolution, and this section) survive.

We may send you notices by email to your account address or in the service; legal notices to us go to support@stillbook.app and Stillbook LLC, 7533 S Center View Ct, Ste N, West Jordan, UT 84084.

Questions? Email support@stillbook.app.