These Terms of Service (“Terms”) form a binding agreement between Blythe, Inc., a Delaware corporation (“Blythe,” “we,” or “us”), and the organization on whose behalf you sign up to use our service (“you,” or the “Practice”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms incorporate by reference our Privacy Policy and, where applicable, a separately executed Business Associate Agreement (“BAA”).
Blythe provides a reputation and review-management platform for independent healthcare practices, including monitoring of public reviews, scheduled review-request campaigns, AI-assisted draft replies trained on a Practice’s past responses, and Google Business Profile management (the “Service”). We may add, modify, or discontinue features at any time; we will not materially reduce the functionality of a paid tier during an active billing period without notice and a reasonable transition path.
You must be at least 18 years old and authorized to bind the Practice to these Terms. The Service is intended for healthcare practices, dental practices, med spas, and similar providers operating in the United States. You agree to provide accurate registration information, keep it current, and protect your credentials. You are responsible for all activity that occurs under your account, including the actions of your team members and anyone you invite to the Practice account.
New Practices may begin with a 14-day free trial. No payment information is required to start. At the end of the trial, you may choose a paid plan to continue, or your account will become read-only. Trial accounts may be subject to feature limits or rate limits we publish from time to time.
Paid plans are billed monthly or annually in advance through Stripe. Current pricing is available on the Pricing page. Fees are exclusive of taxes; you are responsible for any applicable taxes other than taxes on our net income.
Subscriptions renew automatically at the end of each billing period at the then-current rate for your plan. You may cancel at any time through the Settings area or by emailing billing@getblythe.com. Cancellation takes effect at the end of the then-current billing period; we do not provide partial refunds for unused time.
We may change pricing for new billing periods on at least 30 days’ notice. If you do not accept the new price, you may cancel before it takes effect. Existing annual commitments remain at their original rate through the committed term.
If a payment fails, we will notify the account owner and attempt to recharge. If a balance remains unpaid more than 14 days past due, we may suspend access until paid.
You agree not to:
We may suspend or terminate accounts that violate these rules, with or without notice depending on severity. We do not pre-screen content but reserve the right to remove content that we reasonably believe violates these Terms or applicable law.
When you submit patient information to the Service for processing, you act as a Covered Entity (or Business Associate) under HIPAA, and Blythe acts as your Business Associate. The use and disclosure of Protected Health Information is governed by the BAA between us, which prevails over these Terms in case of conflict. Practices on plans that include SMS or email outreach are responsible for:
Blythe’s draft-reply prompts are designed to refuse to generate any response that confirms a patient relationship, treatment, or condition. You agree not to disable or circumvent these safeguards.
SMS-based features are subject to the following:
The Service, including all software, designs, prompts, and content we create, is owned by Blythe and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, subject to these Terms.
You retain ownership of the content you submit to the Service, including review responses you publish, message templates you author, and patient data you upload (“Practice Content”). You grant us a limited license to host, process, transmit, display, and modify Practice Content as necessary to provide the Service. We will not use Practice Content to train cross-Practice models or for any purpose outside of providing the Service to you.
Per-Practice voice models trained on a Practice’s past responses are derivative works of the Practice Content and are scoped to that Practice’s use only. We will not share or apply a voice model trained on one Practice’s content to another Practice.
If you send us feedback or suggestions about the Service, you grant us a perpetual, royalty-free license to use that feedback to improve the Service, with no obligation to compensate you.
The Service connects to third-party services such as Google Business Profile, Yelp, Facebook, and others. Your use of those services is subject to their respective terms. We are not responsible for their availability or behavior, and we do not endorse them beyond providing the integration.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLYTHE DISCLAIMS ALL WARRANTIES, 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 THAT AI-GENERATED DRAFTS WILL ALWAYS BE APPROPRIATE FOR PUBLICATION WITHOUT REVIEW. PRACTICES ARE RESPONSIBLE FOR REVIEWING DRAFTS BEFORE PUBLISHING THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR (A) AMOUNTS OWED UNDER THESE TERMS, (B) A PARTY’S INDEMNIFICATION OBLIGATIONS, OR (C) BREACHES OF THE BAA, EACH PARTY’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS PAID BY THE PRACTICE TO BLYTHE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You will defend, indemnify, and hold harmless Blythe and its officers, employees, and agents from and against any third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service in violation of these Terms or applicable law; (b) Practice Content you submit, including SMS or email content sent through the Service; (c) the Practice’s failure to obtain or maintain proper consent from patients; or (d) the Practice’s breach of HIPAA, the BAA, or any applicable patient-privacy law.
Blythe will defend, indemnify, and hold harmless the Practice from third-party claims that the Service, as provided by Blythe and used in accordance with these Terms, infringes a U.S. intellectual property right, subject to your prompt notice and reasonable cooperation.
These Terms remain in effect while you have an account. Either party may terminate for material breach if not cured within 30 days of written notice. We may suspend or terminate immediately for security incidents, non-payment beyond the grace period in Section 4.4, or for activity that we reasonably believe violates Section 5.
On termination, your right to use the Service ends. We will, on request, provide a machine-readable export of Practice Content for up to 60 days after termination, after which we may delete it. Sections that by their nature should survive termination — including 8 (IP), 10 (Disclaimers), 11 (Limitation), 12 (Indemnification), and 14 (Governing law) — will survive.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware for any dispute that is not resolved by good-faith discussion. Each party waives the right to a jury trial. Each party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
We may update these Terms from time to time. We will revise the “last updated” date and, for material changes, notify Practice administrators by email at least 30 days in advance. Continued use of the Service after a change takes effect means you accept the updated Terms.
Questions about these Terms? Email legal@getblythe.com or write to:
Blythe, Inc.
Attn: Legal
[Mailing address — to be added]