Terms of Service
Welcome to MyoPlan. These Terms of Service (“Terms”) govern your access to and use of the MyoPlan mobile application and related services (collectively, the “Service”), operated by Owen Cairns (“MyoPlan,” “we,” “us,” or “our”).
1. Who Can Use the Service
- You must be at least 18 years old.
- You must be a licensed, certified, or otherwise legally qualified massage therapist (or similar bodywork professional) operating within your legal scope of practice.
- You must have the authority to agree to these Terms on your own behalf or on behalf of any business entity you represent.
2. The Service
MyoPlan is a planning, documentation, and workflow tool that uses artificial intelligence (AI) to generate suggestions related to session plans, aftercare instructions, and SOAP-style documentation, based on information you provide.
MyoPlan is not a medical device, does not provide medical advice, and does not replace professional judgment, training, or direct clinical assessment. AI-generated content is suggestive and advisory only.
3. Professional Responsibility
You acknowledge and agree that:
- All clinical, therapeutic, and professional decisions remain solely your responsibility.
- You will exercise independent professional judgment and will not rely solely on AI output.
- You are responsible for screening for contraindications, obtaining informed consent from your clients, and operating within your scope of practice.
- You will review, verify, and adapt any AI-generated content before using it with or sharing it with clients.
- You will comply with all applicable laws, regulations, and professional standards in your jurisdiction.
Your detailed acknowledgment of these points is recorded separately in the Professional Responsibility Acknowledgment, which is incorporated into these Terms by reference.
4. Your Account
You are responsible for:
- Providing accurate, complete information during onboarding
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us promptly of any unauthorized access
We may suspend or terminate your account if you violate these Terms, misuse the Service, or use the Service in a way that creates legal or safety risk.
5. Your Content
“Your Content” means any information you enter into the Service, including client intake data, notes, audio recordings, and custom profile information.
- You retain ownership of Your Content.
- You grant us a limited, non-exclusive, royalty-free license to store, process, and transmit Your Content for the purpose of operating and improving the Service.
- You represent and warrant that you have all necessary rights and consents to submit Your Content to the Service, including any consents required for client information under HIPAA (where applicable), state privacy laws, or your jurisdiction’s laws.
- You are responsible for ensuring Your Content does not violate any law or third-party right.
6. Acceptable Use
You agree not to:
- Use the Service to provide or represent medical advice, diagnosis, or treatment
- Use the Service for any purpose outside your legal scope of practice
- Misrepresent AI-generated content to clients as medical advice
- Reverse-engineer, scrape, or abuse the Service
- Upload malicious code or content that infringes third-party rights
- Interfere with the operation, security, or integrity of the Service
7. AI Output Disclaimer
AI-generated content provided through the Service:
- May be inaccurate, incomplete, biased, or inappropriate
- Is based only on the inputs you provide — the AI has no independent knowledge of your clients
- Should be treated as a starting point, not a final answer
- Must be independently reviewed and adapted by you before use
We make no warranty that AI output is accurate, safe, fit for purpose, or free from error.
8. Privacy
Our handling of data is described in the Privacy Policy, incorporated here by reference.
9. Fees and Payment
If and when the Service offers paid plans, you agree to pay the applicable fees as disclosed at the time of purchase. We may change fees with reasonable advance notice. Unless otherwise stated, fees are non-refundable.
10. Intellectual Property
Except for Your Content, all intellectual property rights in the Service — including software, designs, trademarks, and AI model outputs delivered through the Service — are owned by or licensed to MyoPlan. You may not copy, modify, distribute, sell, or create derivative works without our written permission, except as expressly permitted by these Terms.
11. Third-Party Services
The Service relies on third-party providers (including authentication, AI, speech-to-text, and cloud infrastructure). We are not responsible for third-party services or outages beyond our reasonable control.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and any warranty that AI output is correct, safe, or suitable for any client or purpose.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MyoPlan and its operators, owners, officers, employees, contractors, and affiliates shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunity
- Claims or damages arising from client injury, complaint, or adverse outcome
- Claims arising from your use of or reliance on AI-generated content
- Claims arising from your treatment of any client
Our total aggregate liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the twelve (12) months immediately preceding the claim or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain limitations — in those jurisdictions, our liability is limited to the extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless MyoPlan and its operators from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of the Service
- Your breach of these Terms
- Your violation of any law or third-party right
- Any claim by or on behalf of a client you treat, including claims for injury, negligence, or professional malpractice
- Your reliance on AI-generated content
15. Termination
You may stop using the Service at any time. We may suspend or terminate your access with or without notice for violation of these Terms, risk to users or clients, or at our discretion. Sections that by their nature should survive termination (including Sections 3, 5, 12–14, 17) will survive.
16. Changes to the Service and Terms
We may modify the Service and these Terms. We will make reasonable efforts to notify you of material changes. Continued use after changes become effective constitutes acceptance of the updated Terms.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Michigan, USA, without regard to conflict-of-law principles. Any dispute will be resolved in the state and federal courts of Michigan, and you consent to the personal jurisdiction of those courts.
18. General
- Entire Agreement. These Terms, the Privacy Policy, and the Professional Responsibility Acknowledgment are the entire agreement between you and MyoPlan regarding the Service.
- Severability. If any provision is unenforceable, the rest remain in effect.
- No Waiver. Our failure to enforce any right is not a waiver.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a business transaction.
19. Contact
Questions about these Terms? Contact us at: hello@myoplan.app