These Terms of Service (the “Terms”) govern your access to and use of BetweenSets, which is operated by Vital Structure (“BetweenSets,” “we,” “us,” or “our”). By creating an account, accepting an invitation, or otherwise using the BetweenSets website, applications, and services (together, the “Platform”), you agree to these Terms and to our Privacy Policy. Practitioners also agree to the Mutual NDA & IP Agreement. If you do not agree, do not use the Platform.
1. Definitions
- Practitioner means a health, wellness, or fitness professional (for example, a personal trainer, coach, therapist, or dietitian) who holds a BetweenSets account to manage their practice.
- Client means a person whom a Practitioner invites to the Platform to work with them.
- Client Data means information about a Client that a Practitioner or the Client puts into the Platform, including health information, session notes, transcripts, photos, and messages.
- Your Content means anything you submit to the Platform, including Client Data.
2. Eligibility and accounts
You must be at least 18 years old to use the Platform. If you use it on behalf of a business, you confirm that you have authority to bind that business to these Terms.
You must give accurate information, keep your password confidential, and tell us promptly at privacy@betweensets.ai if you believe your account has been accessed without permission. You are responsible for activity under your account.
Client accounts are created by invitation from a Practitioner. The Practitioner who is currently assigned to a Client can see and manage that Client’s information on the Platform.
3. BetweenSets is not medical care or an emergency service
BetweenSets is software. We do not provide medical, health, fitness, or nutrition advice, diagnosis, or treatment, and we are not a party to the relationship between a Practitioner and a Client. Practitioners provide their own professional services and are solely responsible for them.
The AI assistant available to Clients is not a medical provider. Its replies can be wrong and are not medical advice. For health concerns, Clients should talk to their Practitioner or a healthcare professional. In an emergency, call your local emergency number.
4. AI features
The Platform uses artificial intelligence models from third-party providers to transcribe sessions, draft session notes, summaries, briefs, and meal estimates, suggest actions, and answer questions. AI output can be inaccurate, incomplete, or out of date.
- Practitioners must review AI-generated content, including session notes, homework, and meal estimates, before relying on it or sharing it, and must apply their own professional judgment.
- The Practitioner’s assistant asks for confirmation before it changes anything, with one exception: session notes and homework from a recorded session are saved automatically when the Practitioner chooses that option. The Practitioner is responsible for content saved that way.
- Do not rely on AI features as the sole basis for any decision about a person’s health or safety.
5. Practitioner responsibilities
- You will comply with the laws and professional rules that apply to you, including licensing, scope of practice, recordkeeping, privacy, and consumer protection rules.
- You will have the right to put Client Data into the Platform, and you will give Clients any notice and obtain any consent the law requires. That includes consent before recording a session. Some places require every person in a conversation to agree before it is recorded.
- HIPAA. BetweenSets is not a HIPAA business associate and does not sign business associate agreements. If you are a covered entity or business associate under HIPAA, do not use the Platform to create, receive, maintain, or transmit protected health information.
- You are responsible for your relationship with your Clients, including your communications, scheduling, charges, refunds, and disputes, and for the accuracy of what you record about them.
6. Using BetweenSets as a Client
Clients can use the Platform to see their sessions and homework, log check-ins, meals, and progress photos, message their Practitioner, request bookings, and use the AI assistant. What you enter is shared with your Practitioner. Your AI assistant draws on information from your sessions, including your Practitioner’s session notes, to answer you, and summarizes that information rather than quoting it.
If your Practitioner stops working with you or closes their account, your access to the Platform may end. Ask your Practitioner first about your information; you can also contact us as described in the Privacy Policy.
7. Subscriptions, trials, and billing
These terms apply to Practitioners with a paid plan.
- Paid plans are billed monthly in advance through our payment processor, Stripe, at the price shown when you subscribe. You authorize us to charge your payment method on each renewal until you cancel.
- New accounts start with a free trial (currently 14 days), with no card required. If a trial ends without a paid plan, or a payment fails, we may limit access to the Platform after a short grace period until you subscribe or update your payment details.
- You can cancel at any time through the billing portal linked from your account. Cancellation takes effect as shown in the billing portal when you cancel. Fees already paid are not refunded, except where the law requires it.
- We will give you at least 30 days’ notice of a price change. It takes effect at your next billing period after the notice period.
- Prices do not include taxes unless stated. You are responsible for applicable taxes.
- We do not store full card numbers. Stripe processes payment details under its own terms.
8. Payments between Practitioners and Clients
If a Practitioner uses the Platform to charge Clients, payments are processed by Stripe through the Practitioner’s own Stripe account, under Stripe’s terms. BetweenSets is not a party to those payments. The Practitioner is responsible for their prices, receipts, refunds, taxes, chargebacks, and disputes.
9. Your Content
You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Your Content only as needed to provide, secure, and support the Platform and as described in the Privacy Policy. We do not sell Your Content.
You are responsible for Your Content and confirm that you have the rights needed to submit it. If a Practitioner publishes a public profile or booking page, the information shown there is public.
10. Acceptable use
You will not, and will not help anyone else to:
- use the Platform in violation of any law or anyone’s rights;
- upload information about a person without the right to do so;
- harass, threaten, or impersonate anyone, or send spam;
- upload malware, or interfere with or disrupt the Platform;
- access or try to access accounts or data that are not yours, or probe, scan, or test the Platform’s security without our written permission;
- scrape the Platform or copy, reverse engineer, or resell it, or use it to build a competing product; or
- get around any usage limit, access control, or plan restriction.
11. Third-party services
Some features connect to services we do not control, such as Google Calendar and Stripe. Your use of those services is governed by their terms, and we are not responsible for them. You can disconnect Google Calendar at any time.
12. Our intellectual property and feedback
We own the Platform and all related software, designs, and content, apart from Your Content. These Terms do not give you any rights in them beyond using the Platform as these Terms allow. If you send us feedback or suggestions, we may use them without any obligation to you.
13. Changes to the Platform
We are improving the Platform continually, and we may add, change, or remove features. Features marked as beta, preview, or coming soon may be incomplete and may change or end.
14. Suspension and termination
You may stop using the Platform at any time. To close your account and have your data deleted, email privacy@betweensets.ai. We may suspend or end your access if you breach these Terms, fail to pay, put other users or the Platform at risk, or if the law requires it. When your account ends, your right to use the Platform ends, and we handle your data as the Privacy Policy describes. Sections 9, 12, and 15 through 20 survive.
15. Disclaimers
To the fullest extent the law allows, the Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Platform will be uninterrupted or error-free, or that AI output will be accurate.
16. Limitation of liability
To the fullest extent the law allows, BetweenSets will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Platform or these Terms. Our total liability for all claims arising out of or related to the Platform or these Terms is limited to the greater of the amount you paid us in the 12 months before the claim arose and US $100.
17. Indemnity
Practitioners will defend and indemnify BetweenSets against third-party claims arising from their professional services, the Client Data they submit, or their breach of these Terms or the law, and will pay resulting damages and reasonable costs.
18. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Platform will be brought exclusively in the state or federal courts located in Texas, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court with jurisdiction.
19. Changes to these Terms
We may update these Terms. The “Last updated” date at the top shows the current version. If a change is material, we will tell you by email or on the Platform before it takes effect. Continuing to use the Platform after a change takes effect means you accept it.
20. General
These Terms, the Privacy Policy, and, for Practitioners, the Mutual NDA & IP Agreement are the entire agreement between you and BetweenSets about the Platform. If a provision is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us go to privacy@betweensets.ai.