Terms of Service

1. Agreement to Terms

By accessing or using mybcat's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

mybcat is operated by My Business Care Team LLC ("MyBCAT"), a Georgia limited liability company located at Marietta, GA 30060.

2. Description of Services

mybcat provides patient acquisition and front-office support services for healthcare practices, including but not limited to:

• Patient intake and appointment scheduling
• Inbound and outbound call handling
• Patient recall and reactivation campaigns
• No-show recovery and appointment optimization
• EHR/PM system integration and data entry
• After-hours call coverage

The specific services provided to your practice will be defined in your Service Agreement.

3. Service Agreement

Use of mybcat Services requires a separate Service Agreement that defines:

• Scope of services to be provided
• Pricing and payment terms
• Service level commitments
• Term and termination provisions
• HIPAA Business Associate Agreement

In the event of any conflict between these Terms and your Service Agreement, the Service Agreement shall control.

4. HIPAA Compliance

mybcat operates as a Business Associate under HIPAA regulations. We will:

• Execute a Business Associate Agreement (BAA) with each client
• Maintain appropriate safeguards for Protected Health Information (PHI)
• Train all team members on HIPAA requirements
• Report any security incidents as required by law
• Use and disclose PHI only as permitted by the BAA and HIPAA

You acknowledge that you are a Covered Entity or Business Associate under HIPAA and will comply with all applicable HIPAA requirements in your use of our Services.

5. Client Responsibilities

As a mybcat client, you agree to:

• Provide accurate information about your practice and workflows
• Grant appropriate system access for service delivery
• Maintain valid licenses and credentials for your practice
• Respond to inquiries and escalations in a timely manner
• Pay all fees according to the Service Agreement
• Comply with all applicable laws and regulations

6. Payment Terms

Payment terms are defined in your Service Agreement. Generally:

• Fees are billed monthly in advance
• Payment is due within 15 days of invoice
• Late payments may incur interest charges
• Failure to pay may result in service suspension

You agree to pay all applicable taxes related to your use of the Services.

7. Intellectual Property

mybcat retains all rights to our technology, processes, training materials, and other intellectual property. You retain all rights to your patient data, practice information, and other proprietary content.

You grant mybcat a limited license to use your practice information solely for the purpose of providing the Services.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information received from the other party. This includes business practices, patient information, financial data, and trade secrets.

Confidentiality obligations survive termination of the Service Agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYBCAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations do not apply to breaches of confidentiality or HIPAA obligations.

10. Indemnification

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

• Your breach of these Terms or the Service Agreement
• Your violation of applicable laws or regulations
• Your negligence or willful misconduct
• Claims by third parties related to your use of the Services

11. Term and Termination

The term of service is defined in your Service Agreement. Either party may terminate:

• For material breach, with 30 days' written notice and opportunity to cure
• Immediately for breach of HIPAA or confidentiality obligations
• As otherwise specified in the Service Agreement

Upon termination, you remain responsible for fees accrued through the termination date. We will assist with reasonable transition of services and data.

12. Modifications

We may modify these Terms from time to time. We will provide notice of material changes at least 30 days before they take effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

13. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Cobb County, Georgia.

14. Miscellaneous

• Entire Agreement: These Terms and your Service Agreement constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our written consent.
• Force Majeure: Neither party is liable for delays caused by events beyond their reasonable control.

15. Contact Information

For questions about these Terms of Service, please contact us at: