Terms of Service.

These Terms of Service (“Terms”) are a binding agreement between General Magic Inc., operating as gema AI (“Gema,” “we,” “us,” or “our”), and the business that creates an account or subscribes to our services (“you,” “your,” or the “Clinic”). By accessing or using the Gema platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a clinic or other organisation, you represent that you have the authority to bind that organisation.

If you do not agree to these Terms, you may not use the service.

Gema provides an AI-powered “front desk” that answers and handles customer communications across voice, SMS, email, and chat on your behalf — including booking, confirming, rescheduling, and cancelling appointments, sending reminders, and answering common questions. The specific features available to you depend on the plan you subscribe to.

We may add, change, or remove features over time to improve the service. We will not make changes that materially reduce the core functionality of a paid plan during your billing term without notice.

To use the service you must register for an account and provide accurate, complete information. You are responsible for all activity that occurs under your account and for keeping your login credentials confidential. You must notify us promptly of any unauthorised use of your account.

The service is intended for use by businesses and their authorised staff, not by consumers acting in a personal capacity. You are responsible for ensuring that every user you grant access to your account complies with these Terms.

• Plans and fees. Fees are based on the plan you select and any usage-based charges (such as voice minutes beyond your plan’s included allowance). Current pricing is described at sign-up and on our pricing page.
• Billing cycle. Subscription fees are billed in advance on a recurring basis (monthly unless otherwise stated). Usage-based charges are billed in arrears for the period in which they were incurred.
• Payment. You authorise us and our third-party payment processor to charge your payment method for all fees as they become due. Fees are exclusive of taxes, which you are responsible for where applicable.
• Non-payment. If a charge fails or an account becomes past due, we may suspend or limit the service after providing reasonable notice.
• Changes to fees. We may change our fees, but we will give you advance notice before a change takes effect for your account. Fee changes do not apply retroactively.

Except where required by law, fees already paid are non-refundable.

You agree that you will:

• Use the service only for lawful purposes and in compliance with all applicable laws and regulations, including telecommunications, privacy, and health-information laws.
• Obtain and maintain all consents required to contact your customers and patients through the channels you enable (see the messaging disclosures in our Privacy Policy).
• Provide accurate business, practitioner, service, and availability information so the assistant can act correctly on your behalf.
• Not use the service to send unsolicited marketing, spam, or any unlawful, misleading, or harmful communications.
• Not attempt to disrupt, reverse-engineer, scrape, or gain unauthorised access to the service or its underlying systems.

You are responsible for the content of the communications the service sends on your behalf based on the configuration, scripts, and information you provide.

In delivering the service, we process personal information about your customers and patients on your behalf. As between you and Gema, you are responsible for ensuring you have a lawful basis and any necessary consent to collect and process that information and to contact those individuals through the service.

Our handling of personal information is described in our Privacy Policy. The specific terms that apply to SMS/text messaging are set out in that same Privacy Policy, which form part of this agreement where you enable messaging.

If you are an Ontario health information custodian, the PHIPA undertakings we give you are set out in section 7 below. They form part of this agreement and require no separate signature.

This section applies where you are a health information custodian under Ontario’s Personal Health Information Protection Act, 2004 (PHIPA). It forms part of this agreement. No separate signature is required — by using the service you have these undertakings from us in writing.

A note on our status. We are your agent under PHIPA. We are not a health information network provider. A network provider under section 6 of Ontario Regulation 329/04 is one whose service exists primarily to let two or more custodians disclose personal health information to one another. Gema does the opposite: each clinic’s records are isolated, and no information moves between clinics. Section 6(3) therefore does not bind us. We have written the undertakings below to that standard regardless, and they bind us to you under this agreement.

Your role and ours. You are the custodian of the personal health information (PHI) in your account. You decide what is collected, why, and who may see it. We supply the equipment and software that lets you collect, use, store and disclose that information electronically. We act as your agent under PHIPA. We are not a custodian of your patients’ records, and we are not a health information network provider — see the note on status above.

We undertake to you that:

• We use PHI only to provide the service. We do not use it for any purpose of our own, and we do not disclose it, except as you direct or as the law requires. If we are ever legally compelled to disclose it, we will tell you unless we are prohibited from doing so.
• We restrict who can see it. Access is limited to personnel who need it to run the service, under written confidentiality obligations, and is granted per area rather than wholesale. Support access into your account is role-limited, requires a stated reason, is time-limited, is recorded, and is read-only by default — changing anything requires deliberately promoting the session with a second, separate reason, and that promotion is recorded against the person who made it.
• We notify you of a breach at the first reasonable opportunity — in practice within 72 hours of confirming it — if PHI in our care is accessed, used, disclosed or disposed of other than as this agreement permits. You remain the party who decides on notification to the individual and to the Information and Privacy Commissioner of Ontario; we give you the facts and the records you need to make that decision, and we support you in making it. We keep breach records for a minimum of seven years — including incidents we conclude created no real risk of significant harm, which PIPEDA requires us to record for at least 24 months.
• We keep an electronic record of access and transfer. We log, with the person and the time: each opening of a patient record in our internal tools, each reveal of a masked contact detail, and every export, erasure and recording playback. Transfers out of the platform to a clinical record system you have connected are logged with the destination system, the booking concerned and the time. These logs are append-only — the application cannot edit or delete them, and removing that protection requires a deliberate privileged database action rather than an ordinary operation. They are retained for seven years, you can obtain them at any time, and the accounting of who accessed a given patient’s record is available directly in your dashboard.
• Where that record does not yet reach. Views inside your own dashboard — the calendar, the call log — read from the database directly and are not individually recorded, so the accounting is complete for the events listed above rather than for every screen a user looks at. We are extending coverage, and we will tell you when it is complete rather than let you assume it already is.
• We assess the service’s security and privacy impact in writing. We perform an assessment of threats, vulnerabilities and risks to the security and integrity of PHI, and of how the service may affect the privacy of the individuals it concerns. We provide you a written copy of the results on request and after any material change to the service.
• We bind our subcontractors. Any third party we engage that may handle PHI must agree in writing to restrictions at least as protective as those in this section. Current providers are listed in our Privacy Policy, and we update that list when it changes.
• We publish a plain-language description of the service, the safeguards we apply, and a general description of the assessment above, so that your patients can read it without asking you for it.
• Your data is yours. On written request following termination we return it to you in a usable format or securely destroy it, at your election, within thirty days. We do not retain PHI to build products.
• Where records are held. Your records are stored in Canada. Some processing — telephony, speech, email delivery — happens outside Canada, as described in our Privacy Policy.

Where this section conflicts with any other part of these terms in respect of PHI, this section governs. Nothing here makes us the custodian of your records, and nothing here relieves you of your own obligations under PHIPA.

The service uses artificial intelligence to understand and respond to customers. While we work hard to make it accurate and reliable, AI can occasionally misunderstand a request or generate an incorrect response. You are responsible for reviewing and configuring the service appropriately for your business.

The service does not provide medical, legal, or professional advice, and must not be used as a substitute for the judgement of a qualified professional.

The service relies on third-party providers (for example, telephony, voice, messaging, email, hosting, and AI providers) to function. Your use of the service may be subject to those providers’ terms, and we are not responsible for the acts or omissions of third parties. We may change our providers from time to time.

The Gema platform, including its software, design, and content (excluding your data), is owned by Gema and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription, subject to these Terms.

You retain all rights to the data you and your customers submit to the service. You grant us the right to use that data only as needed to provide, maintain, and improve the service and as described in our Privacy Policy.

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether 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 completely secure.

To the maximum extent permitted by law, Gema will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the service. Our total liability for any claim arising out of or related to the service will not exceed the amount you paid us for the service in the twelve (12) months preceding the event giving rise to the claim.

You agree to indemnify and hold harmless Gema and its officers, employees, and agents from any claims, damages, liabilities, and expenses arising out of your use of the service, your violation of these Terms, or your violation of any law or the rights of a third party — including claims related to the communications sent on your behalf or your failure to obtain required consents.

These Terms apply for as long as you use the service. You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the service in a way that creates risk or legal exposure for us or others.

On termination, your right to use the service ends. We will make your data available for export for a reasonable period, after which we may delete it in accordance with our Privacy Policy and applicable law.

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page with a new “Last updated” date and, where appropriate, notify you. Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Ontario will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the service.

If you have questions about these Terms, please contact us:

• Email: legal@getgema.ai
• Website: getgema.ai