Terms of Service.

These Terms of Service (“Terms”) are a binding agreement between General Magic Inc., operating as Gema health (“Gema,” “we,” “us,” or “our”), and the business that creates an account or subscribes to our services (“you,” “your,” or the “Clinic”). By accessing or using the Gema platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a clinic or other organisation, you represent that you have the authority to bind that organisation.

If you do not agree to these Terms, you may not use the service.

Gema provides an AI-powered “front desk” that answers and handles customer communications across voice, SMS, email, and chat on your behalf — including booking, confirming, rescheduling, and cancelling appointments, sending reminders, and answering common questions. The specific features available to you depend on the plan you subscribe to.

We may add, change, or remove features over time to improve the service. We will not make changes that materially reduce the core functionality of a paid plan during your billing term without notice.

To use the service you must register for an account and provide accurate, complete information. You are responsible for all activity that occurs under your account and for keeping your login credentials confidential. You must notify us promptly of any unauthorised use of your account.

The service is intended for use by businesses and their authorised staff, not by consumers acting in a personal capacity. You are responsible for ensuring that every user you grant access to your account complies with these Terms.

• Plans and fees. Fees are based on the plan you select and any usage-based charges (such as voice minutes beyond your plan’s included allowance). Current pricing is described at sign-up and on our pricing page.
• Billing cycle. Subscription fees are billed in advance on a recurring basis (monthly unless otherwise stated). Usage-based charges are billed in arrears for the period in which they were incurred.
• Payment. You authorise us and our third-party payment processor to charge your payment method for all fees as they become due. Fees are exclusive of taxes, which you are responsible for where applicable.
• Non-payment. If a charge fails or an account becomes past due, we may suspend or limit the service after providing reasonable notice.
• Changes to fees. We may change our fees, but we will give you advance notice before a change takes effect for your account. Fee changes do not apply retroactively.

Except where required by law, fees already paid are non-refundable.

You agree that you will:

• Use the service only for lawful purposes and in compliance with all applicable laws and regulations, including telecommunications, privacy, and health-information laws.
• Obtain and maintain all consents required to contact your customers and patients through the channels you enable (see our messaging terms below).
• Provide accurate business, practitioner, service, and availability information so the assistant can act correctly on your behalf.
• Not use the service to send unsolicited marketing, spam, or any unlawful, misleading, or harmful communications.
• Not attempt to disrupt, reverse-engineer, scrape, or gain unauthorised access to the service or its underlying systems.

You are responsible for the content of the communications the service sends on your behalf based on the configuration, scripts, and information you provide.

In delivering the service, we process personal information about your customers and patients on your behalf. As between you and Gema, you are responsible for ensuring you have a lawful basis and any necessary consent to collect and process that information and to contact those individuals through the service.

Our handling of personal information is described in our Privacy Policy. The specific terms that apply to SMS/text messaging are set out in our SMS / Messaging Terms, which form part of this agreement where you enable messaging.

The service uses artificial intelligence to understand and respond to customers. While we work hard to make it accurate and reliable, AI can occasionally misunderstand a request or generate an incorrect response. You are responsible for reviewing and configuring the service appropriately for your business.

The service does not provide medical, legal, or professional advice, and must not be used as a substitute for the judgement of a qualified professional.

The service relies on third-party providers (for example, telephony, voice, messaging, email, hosting, and AI providers) to function. Your use of the service may be subject to those providers’ terms, and we are not responsible for the acts or omissions of third parties. We may change our providers from time to time.

The Gema platform, including its software, design, and content (excluding your data), is owned by Gema and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription, subject to these Terms.

You retain all rights to the data you and your customers submit to the service. You grant us the right to use that data only as needed to provide, maintain, and improve the service and as described in our Privacy Policy.

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether 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, error-free, or completely secure.

To the maximum extent permitted by law, Gema will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the service. Our total liability for any claim arising out of or related to the service will not exceed the amount you paid us for the service in the twelve (12) months preceding the event giving rise to the claim.

You agree to indemnify and hold harmless Gema and its officers, employees, and agents from any claims, damages, liabilities, and expenses arising out of your use of the service, your violation of these Terms, or your violation of any law or the rights of a third party — including claims related to the communications sent on your behalf or your failure to obtain required consents.

These Terms apply for as long as you use the service. You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the service in a way that creates risk or legal exposure for us or others.

On termination, your right to use the service ends. We will make your data available for export for a reasonable period, after which we may delete it in accordance with our Privacy Policy and applicable law.

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page with a new “Last updated” date and, where appropriate, notify you. Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Ontario will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the service.

If you have questions about these Terms, please contact us:

• Email: legal@getgema.ai
• Website: getgema.ai