Terms of Service

1. These terms

These terms form the agreement between TF Operations LLC, trading as AnalyzeLens, and the organisation that has signed up to use our platform. In these terms, "we" and "us" mean AnalyzeLens, and "you" means that organisation.

By creating an account, connecting a data source, or using the platform, you accept these terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.

2. What the service does

The platform allows you to:

• Import patient records, either by uploading an export or by connecting a practice management system
• Analyse that data to identify patients who are overdue, lapsed, or have treatment that was accepted but never booked
• Send messages to those patients through WhatsApp or SMS using approved message templates
• Handle patient replies, including through automated conversation features, and record resulting appointments
• Measure the outcome of that activity

We may add, change or remove features. We will not materially reduce core functionality during a paid term without notice.

3. Your account

You are responsible for keeping account credentials secure, for the actions of everyone you give access to, and for telling us promptly if you believe an account has been compromised. You must be a business or healthcare organisation. The platform is not for personal use.

4. Your data and your responsibilities

This section matters more than any other, because the platform sends messages to real patients in your name.

You confirm and agree that:

• You are the data controller for all patient data you import or connect. We act only as your processor, under the data processing terms referenced below.
• You have a valid lawful basis under UK GDPR for us to process that data and for each type of message you ask us to send.
• You hold and can evidence appropriate consent where consent is the basis, in particular for promotional and marketing messages under the Privacy and Electronic Communications Regulations.
• The contact details and consent flags you provide are accurate and current, and you will keep them so.
• You have given patients the privacy information they are entitled to, including the fact that a processor may contact them on your behalf.
• You will not upload clinical or diagnostic records. Where our import process flags such data, you will not attempt to override that.

5. Acceptable use

You must not use the platform to:

• Send messages to people who have not consented where consent is required, or who have opted out
• Send anything misleading, unlawful, harassing or discriminatory
• Present automated messages in a way designed to make a patient believe they are speaking to a clinician
• Give clinical advice, diagnosis or triage through the platform
• Upload data belonging to an organisation you do not have authority to act for
• Attempt to access another customer's data, probe our security, or reverse engineer the service

We may suspend access immediately where we reasonably believe continued use would breach law, harm patients, or put our messaging channels at risk.

6. WhatsApp and Meta requirements

Messaging is delivered through the WhatsApp Business Platform. In addition to these terms you must comply with the WhatsApp Business Messaging Policy, the WhatsApp Business Terms of Service, and any other Meta policy that applies to your account. Those policies may change without our involvement.

You acknowledge that:

• Message templates require approval by Meta, and approval is not guaranteed or within our control.
• Your business phone number carries a quality rating set by Meta, based on how patients respond. Poor quality can reduce your sending limits or suspend your number. We monitor this and apply sending caps to protect it, and you agree not to circumvent those caps.
• Meta may change message pricing, categories or policy at its discretion.

7. Message charges

Message charges are set by Meta, vary by country and message category, and are billed by Meta directly to the payment method attached to your WhatsApp Business Account. We do not resell messages and we do not apply a markup to them.

Any SMS fallback messages are charged as set out in your order form.

8. Fees

Fees, billing frequency and any outcome-based charges are set out in your order form. Unless it says otherwise, fees are exclusive of VAT, invoices are payable within 30 days, and we may charge statutory interest on late payment. We may increase fees on 60 days' notice, effective at your next renewal.

Where your agreement includes a share of recovered revenue, that share is calculated using the attribution records generated by the platform, including holdout groups. You agree not to disable or alter that attribution tagging.

9. Intellectual property

We own the platform, its software, models and documentation. You own your data. You grant us the limited licence needed to process your data in order to deliver the service.

We may use aggregated and de-identified information derived from use of the platform to improve our service and models. Such information will never identify a patient, a clinician or your organisation, and we will never disclose your patient records to another customer.

10. Confidentiality

Each party will keep the other's confidential information confidential and use it only to perform this agreement. This does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.

11. Data protection

Our processing of patient data is governed by a data processing agreement between us, which forms part of these terms. It sets out the subject matter, duration, nature and purpose of processing, the categories of data subject, our obligations as processor, the approved sub-processors, and the security measures in place. Our privacy policy describes this in plain terms.

12. Availability and disclaimers

We work to keep the platform available and secure, but we do not warrant that it will be uninterrupted or error free. Message delivery depends on Meta, telecoms carriers and patient devices, none of which we control.

The platform is an administrative and communications tool. It is not a medical device, and it does not provide clinical advice, diagnosis or triage. Clinical decisions remain entirely yours.

13. Liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings. Each party's total liability in any 12 month period is limited to the fees paid or payable by you in that period.

You are responsible for any regulatory penalty arising from messages you instructed us to send without a valid lawful basis.

14. Term and termination

This agreement runs for the term in your order form and renews unless either party gives notice. Either party may terminate for material breach that is not remedied within 30 days of written notice, or immediately if the other becomes insolvent.

On termination your access ends. You may export your data for 30 days afterwards, after which we delete it in line with the retention periods in our privacy policy. Do-not-contact records are retained so that opt-outs continue to be honoured.

15. Changes to these terms

We may update these terms. We will give 30 days' notice of material changes. Continuing to use the platform after that means you accept them.

16. General

Neither party may assign this agreement without the other's consent, except to a group company or on a sale of the business. If any provision is unenforceable, the rest survives. Nothing here creates a partnership or agency.

17. Governing law

This agreement is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact

Questions about these terms: support@analyzelens.com