1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of The Nanobot’s website (thenanoboat.com) and AI front desk automation services (collectively, the “Services”). By accessing our website or executing a service agreement with us, you (“Client”, “you”, or “your”) agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business or organisation, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use our Services.
2. Description of Service
The Nanobot provides AI-powered front desk automation for healthcare and aesthetic practices. Services include, but are not limited to:
- 24/7 AI voice answering and inbound call handling
- AI appointment booking and calendar management
- Missed-call SMS recovery and follow-up sequences
- No-show reduction reminder sequences
- Patient and client reactivation campaigns
- Integration with practice management software including Dentrix, OpenDental, Eaglesoft, Curve Dental, and compatible med spa platforms
The specific Services provided to each client are set out in the applicable order form, statement of work, or service agreement. We reserve the right to modify, suspend, or discontinue any feature of the Services with reasonable prior notice.
3. Client Responsibilities
As a client of The Nanobot, you agree to:
- Provide accurate and complete information during onboarding and throughout the service relationship
- Ensure you hold all necessary authorisations, consents, and legal rights to permit us to deliver AI voice and communication services to your patients, clients, or prospects on your behalf
- Comply with all applicable laws and regulations, including HIPAA (for US healthcare providers), the TCPA (for automated communications in the US), GDPR and UK GDPR, and the Australian Privacy Act
- Maintain the security of your account credentials and promptly notify us of any suspected unauthorised access
- Ensure your use of the Services does not violate any third-party rights or applicable law
4. Acceptable Use
You agree not to use the Services to:
- Engage in any unlawful, fraudulent, deceptive, or abusive activity
- Transmit unsolicited commercial communications in violation of applicable anti-spam or telemarketing law
- Interfere with or disrupt the integrity or performance of the Services or related infrastructure
- Attempt to gain unauthorised access to the Services, our systems, or any third-party systems
- Reverse engineer, decompile, or otherwise attempt to derive source code from the Services
- Resell, sublicense, or otherwise make the Services available to third parties without our written consent
We reserve the right to suspend or terminate your access to the Services if we determine, acting reasonably, that you have violated this Acceptable Use policy.
5. Fees & Payment
Fees for the Services are set out in the applicable order form or service agreement. Unless otherwise agreed in writing:
- Fees are billed monthly or annually in advance, as specified in your agreement
- All fees are exclusive of applicable taxes, duties, and levies, which are your responsibility
- Payment is due within the timeframe specified on your invoice
- Late payments may incur interest at the statutory rate or result in suspension of Services
- Fees paid for completed billing periods are non-refundable, except as required by applicable consumer protection law
We reserve the right to update our fees with at least 30 days’ prior written notice. Your continued use of the Services after a fee change takes effect constitutes acceptance of the new fees.
6. Service Availability
We aim to provide reliable, high-availability Services and target an uptime of 99% or higher for core AI voice and booking functions. However, we do not guarantee uninterrupted service and are not liable for downtime arising from:
- Scheduled maintenance (communicated in advance where reasonably possible)
- Outages caused by third-party providers, including telephony networks, practice management platforms, and cloud infrastructure
- Events beyond our reasonable control (force majeure), including natural disasters, government actions, or widespread internet disruptions
Any specific uptime commitments and associated remedies will be set out in your service agreement.
7. Intellectual Property
Our IP: All intellectual property in the Services—including the AI technology, software, platform, training data, algorithms, workflow logic, and documentation—is owned by or licensed to The Nanobot. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services solely for your internal business operations during the term of your service agreement. No other rights are granted.
Your data: You retain full ownership of all data you provide to us and all data generated on your behalf through the Services (“Client Data”). By providing Client Data, you grant us a limited licence to process it solely for the purpose of delivering the Services to you.
Feedback: Any feedback, suggestions, or ideas you share with us regarding the Services may be used by us freely without restriction or compensation to you.
8. Confidentiality
Each party agrees to keep the other’s Confidential Information (meaning non-public information designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure) strictly confidential. Confidential Information may only be used as necessary to perform obligations under these Terms or the applicable service agreement.
This obligation does not apply to information that is or becomes publicly known through no fault of the receiving party, is independently developed by the receiving party, or is required to be disclosed by applicable law or court order (provided prompt written notice is given where legally permitted).
For US healthcare clients, the handling of Protected Health Information (PHI) is governed exclusively by the applicable Business Associate Agreement (BAA), which takes precedence over this section with respect to PHI.
9. Disclaimers & Limitation of Liability
Disclaimers: The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free or uninterrupted, or that any particular business outcomes (such as specific revenue increases, no-show reductions, or booking rates) will be achieved. Results depend on factors outside our control, including your practice’s existing systems, patient demographics, market conditions, and the accuracy of information you provide.
Limitation of liability: To the fullest extent permitted by applicable law, The Nanobot’s total cumulative liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to us in the three (3) calendar months immediately preceding the event giving rise to the claim. In no event shall either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be excluded or limited by applicable law, including liability for fraud, wilful misconduct, death, or personal injury caused by negligence.
10. Indemnification
By you: You agree to indemnify, defend, and hold harmless The Nanobot and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, penalties, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or third-party rights; or (c) any Client Data you provide to us.
By us: We agree to indemnify and hold you harmless from any third-party claim alleging that the Services, as delivered by us and used by you in accordance with these Terms, infringe a third party’s intellectual property rights—provided you promptly notify us of the claim, grant us sole control of the defence, and reasonably cooperate with our response.
11. Termination
By either party: Either party may terminate a service agreement by providing thirty (30) days’ written notice to the other party, subject to any minimum term specified in the applicable order form. Fees accrued up to the termination date remain payable.
For cause: We may suspend or terminate your access to the Services immediately and without notice if: (a) you materially breach these Terms and, where the breach is capable of remedy, fail to cure it within ten (10) business days of written notice; (b) you fail to pay fees when due and do not cure the failure within five (5) business days of written notice; or (c) your use of the Services violates applicable law or poses a material risk to the security or integrity of our systems or third parties.
Effect of termination: Upon termination or expiry, your right to access and use the Services ceases immediately. We will provide reasonable access to export your Client Data for up to thirty (30) days following termination, after which Client Data will be securely deleted in accordance with our retention policy. Provisions that by their nature should survive termination—including Sections 7, 8, 9, 10, 12, and this Section 11—will remain in full force.
12. Governing Law & Disputes
These Terms and any disputes arising from them are governed by the laws of the jurisdiction corresponding to your primary business location:
- United States clients: The laws of the State of Delaware, USA, without regard to conflict-of-law principles
- United Kingdom clients: The laws of England and Wales
- Australian clients: The laws of New South Wales, Australia
Before initiating any formal dispute proceedings, both parties agree to attempt to resolve the dispute through good-faith written negotiation for at least thirty (30) days from the date one party notifies the other of the dispute. If the dispute cannot be resolved through negotiation, it may be submitted to binding arbitration or litigation in the courts of the applicable jurisdiction. You and The Nanobot each waive the right to participate in a class action or class-wide arbitration.
13. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, business practices, or applicable law. When we make material changes, we will update the “Last updated” date on this page and provide at least 14 days’ prior notice via email to the address associated with your account or through the Services. Your continued use of the Services after notice of changes constitutes your acceptance of the revised Terms. If you do not agree to updated Terms, you must stop using the Services and may terminate your service agreement pursuant to Section 11.
14. Contact
For questions about these Terms or to discuss your service agreement, please get in touch: