Last updated September 6, 2024

Terms of Service

Last updated September 6, 2024

Terms of Service

Terms & Conditions
Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our privacy policy.
SMS Messaging Terms and Conditions

By providing your mobile phone number and agreeing to these Terms of Service, you expressly consent to receive SMS text messages from Fire Your Agency, including but not limited to marketing, promotional, informational, transactional, account-related, or service-related communications.

Message and data rates may apply. Message frequency may vary depending on your interaction with our services.

You may opt out of receiving SMS messages at any time by replying “STOP” to any message you receive from us. After opting out, you will receive a one-time confirmation message, and no further SMS messages will be sent unless you subsequently opt in again.

For help or support regarding SMS communications, reply “HELP” to any message or contact us using the contact information provided in these Terms of Service.

Your consent to receive SMS messages is not a condition of purchase.

1. Introduction

Fire Your Agency, ("We," "Us," or "Our"), is a third-party marketing agency that provides services to med spas, weight loss clinics (both telemedicine and brick-and-mortar), and healthcare providers. We create and manage landing pages with lead opt-in forms that may collect personal data, including HIPAA-protected health information. We act on behalf of our clients but do not replace or form a physician-patient relationship. Our services do not constitute medical advice or services

2. Services Overview, Availability, and Eligibility

Services
Our Services may include, but are not limited to:

  • Creation of landing pages with lead opt-in forms.

  • Collection and transmission of personal and health-related information for marketing and scheduling.

  • Coordination with third-party healthcare providers and pharmacies.

  • Telecommunications support for scheduling and patient communications.

  • Data sharing with affiliates and partners as needed for marketing, legal, and administrative purposes.

Eligibility
By using our services, you confirm that:

  • You are at least 18 years old or have the consent of a legal guardian.

  • You are located within a jurisdiction where our services are available.

  • You agree to be bound by these Terms of Service and have read and understood our Privacy Policy.

Telehealth Services

We provide a platform for facilitating communication between patients and licensed healthcare providers. The electronic systems used to collect and transmit health information incorporate security protocols in compliance with HIPAA and GDPR to protect the privacy and security of your data.

3. Limitations of Liability and Legal Waiver

  • Waiver of HIPAA or FTC Enforcement: By accessing our services, you waive any legal claims or actions against Fire Your Agency under HIPAA, FTC regulations, or other privacy laws. Any concerns regarding the use or sharing of your data must be addressed directly with the healthcare provider or clinic, as Fire Your Agency serves only as an external agent.

  • Limitation of Liability: Patient Acquisition shall not be held liable for any indirect, incidental, special, or consequential damages arising from the use of the services, including data breaches, loss of revenue, or reputational harm. In no event shall our total liability exceed the amount you paid for services in the 12 months preceding the claim.

  • Indemnification: You agree to indemnify and hold Fire Your Agency and its affiliates, officers, and employees harmless from any claims arising from your use or misuse of the services, including violations of privacy laws, negligence, or breach of these Terms of Service.

  • Data Transfer and Security: We implement stringent data security measures, including encryption, access controls, and regular audits, to comply with HIPAA and GDPR standards. However, no data transmission over the internet can be guaranteed to be completely secure, and we disclaim liability for any unauthorized access or breach.

4. Call Recording and Data Sharing

By using our services, you consent to the recording of phone calls for training, quality assurance, and medical purposes. These recordings may be shared with healthcare providers to ensure the accuracy of consultations and treatment plans. Recordings are securely stored in compliance with HIPAA, GDPR, and other applicable data protection laws.
We may also share your information with our affiliates, partners, or service providers for marketing, legal, or administrative purposes. These parties are bound by contractual obligations to maintain the confidentiality and security of your data

5. Ownership and Use of Services

All content, trademarks, and intellectual property related to the services remain the property of Fire Your Agency. You are granted a limited, revocable license to use the services for personal purposes. Any misuse or unauthorized use of the services will result in the immediate termination of this license and may result in legal action.

6. Dispute Resolution and Governing Law

Governing Law

These Terms of Service and your use of the services shall be governed by the laws of the State of California.

Binding Arbitration

Any disputes arising from the use of the services will be resolved through binding arbitration in California, conducted under the rules of the American Arbitration Association (AAA). You waive your right to a jury trial and to participate in class actions or collective arbitration.

7. Changes to Terms

We reserve the right to update these Terms of Service at any time. Continued use of the services after any changes are posted constitutes your acceptance of the new terms.

8. Contact Information

If you have any questions about these Terms of Service, please contact us at: