Terms and Conditions

The Patient Experience Strategist LLC

Applies to: patientexperiencestrategist.com, pxstrategist.com, and app.pxstrategist.com

Includes Part 2: SMS Messaging Terms

Part 1. Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions ("Terms") are a binding agreement between you and The Patient Experience Strategist LLC, a Florida limited liability company ("PES," "we," "us," or "our"). They govern your use of patientexperiencestrategist.com, pxstrategist.com (including app.pxstrategist.com), our newsletter, assessments and calculators, text message programs, AI-assisted support and marketing tools, and related services (the "Services"). By using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Who May Use the Services

The Services are intended for business and professional use by people 18 or older. If you use the Services on behalf of an organization, you confirm that you have authority to accept these Terms for it.

3. Consulting Engagements and Software Platform

Information on the Services describes our offerings in general terms. Any consulting, diagnostic, strategy, or fractional leadership work is governed by a separate written agreement or statement of work. If that agreement conflicts with these Terms, the agreement controls.

PES also offers a software platform that healthcare organizations use to communicate with their own patients. Use of that platform is governed by a separate Platform Subscription Agreement and Business Associate Agreement. Customers who send messages through the platform are the senders of those messages and are responsible for patient consent and their own legal compliance. The SMS programs and AI support tools described in these Terms cover only PES's own communications with its clients and prospects.

4. AI-Assisted Services

We use artificial intelligence ("AI") to provide parts of the Services, including customer support by chat, phone, email, and text message, and the creation of marketing content.

• Disclosure. When you interact with our AI assistant, we will tell you. You may ask to speak with a person at any time by replying "HUMAN" or "AGENT," or by emailing support@patientexperiencestrategist.com. A person will respond within one business day during business hours, Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time.
• Not professional advice. AI responses are for general information and support only. They are not medical, clinical, legal, financial, tax, or compliance advice, and they do not create a consulting engagement.
• Accuracy. AI can make mistakes or give incomplete information. Responses about pricing, scope, contract terms, availability, or deadlines are not binding unless confirmed in writing by an authorized PES representative.
• No commitments by AI. Our AI assistant cannot accept contracts, change agreements, grant refunds or credits, or make promises on our behalf.
• Your responsibility. Use your own judgment before acting on any AI response. Do not rely on it for decisions about patient care.

5. Text Message Programs

If you opt in to our text message programs, the SMS Messaging Terms in Part 2 apply. You can opt out at any time by replying STOP.

6. Do Not Send Protected Health Information

Do not send us protected health information (PHI), patient records, or sensitive health details through our websites, chat, email, AI assistant, or text messages. Client engagements and platform subscriptions that involve PHI are handled under a separate Business Associate Agreement.

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or to violate anyone's rights
• Try to manipulate, mislead, or extract confidential instructions, prompts, or data from our AI tools
• Use automated means to scrape, copy, or collect content or data from the Services
• Interfere with the security or operation of the Services
• Submit false information or impersonate any person or organization
• Use the Services or their outputs to build a competing product or service

8. Intellectual Property

The Services and their content, including the Trust Algorithm™, Trust Blueprint™, PX Hub Model™, 3A Framework™, Trust Score, assessments, calculators, newsletters, frameworks, methods, text, graphics, and logos, are owned by PES or its licensors and protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable license to view and use the Services for your internal business purposes. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works from them without our written permission. Results from our free tools are for your internal use and may not be republished as your own methodology.

9. Your Submissions

You keep ownership of what you send us. You give PES a non-exclusive, royalty-free license to use your submissions to respond to you, to provide and improve the Services, and as described in our Privacy Policy. PES may use feedback and suggestions about the Services without obligation to you.

10. Free Tools and Estimates

Assessments, calculators, benchmarks, and estimates, including revenue-at-risk figures, are illustrative. They rely on your inputs and on public data, and they are not guarantees of results.

11. Third-Party Services

The Services may link to or use third-party services, such as scheduling, payment, newsletter, AI, and messaging providers. We are not responsible for third-party services, and your use of them is subject to their terms.

12. Disclaimer of Warranties

THE SERVICES, INCLUDING AI-GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR RELIANCE ON AI-GENERATED CONTENT. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM. This section does not apply to paid engagements or platform subscriptions, which follow their own agreements.

14. Indemnification

You agree to defend and indemnify PES against claims arising from your misuse of the Services or your violation of these Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute arising from these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, conducted remotely by video conference unless the parties agree otherwise. Either party may bring an individual claim in small claims court, or seek injunctive relief to protect intellectual property.

Disputes will be resolved on an individual basis only, and not as a class action or class arbitration. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@patientexperiencestrategist.com with the subject "Arbitration Opt-Out."

16. Changes

We may update these Terms. We will post the new version with a new effective date and give notice of material changes. Continued use of the Services after the effective date means you accept the changes.

17. General

If any 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. These Terms (including the SMS Messaging Terms) and our Privacy Policy are the entire agreement between you and PES about the Services, except where a separate written agreement applies.

18. Contact

The Patient Experience Strategist LLC

2850 34th St N #1196, St. Petersburg, FL 33713, United States

Legal: legal@patientexperiencestrategist.com

Support: support@patientexperiencestrategist.com

Part 2. SMS Messaging Terms

1. Programs

The Patient Experience Strategist LLC ("PES") offers two text message programs from +1 (855) 797-8749:

2. Consent

You join a program only by giving express consent, such as by checking the box for that program on our website, texting a keyword we publish, or giving written consent. By opting in to PES Updates, you agree to receive recurring marketing text messages, which may be sent using automated technology, at the number you provided. Consent is not a condition of any purchase. You confirm that you are the account holder or an authorized user of the mobile number you provide.

3. AI-Assisted Messages

Some messages, including replies to your texts, may be written and sent by our AI assistant. We disclose this in the conversation. Reply HUMAN or AGENT at any time to reach a person. A person will respond within one business day during business hours, Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time. AI messages are not professional advice and cannot change any agreement. See Section 4 of Part 1.

4. Opting Out

Reply STOP to any message to cancel. We also honor opt-out requests made by any reasonable means, including replies such as CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, OPT OUT, or STOP ALL, or a request emailed to support@patientexperiencestrategist.com. We will send one message confirming your opt-out and will stop sending messages within 10 business days. An opt-out from either program removes you from both programs unless you tell us otherwise. To rejoin, opt in again or text START.

5. Help

Reply HELP for help, email support@patientexperiencestrategist.com, or call +1 (855) 797-8749.

6. Costs

Message and data rates may apply. Check your mobile plan for details. PES does not charge for text messages.

7. Sending Hours

We send marketing messages only between 8:00 a.m. and 8:00 p.m. in your local time, and we send no more than three marketing messages on the same subject within 24 hours.

8. Carriers

Our programs are supported by major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.

9. Do Not Send Health Information

Text messaging is not a secure channel. Do not text us protected health information, patient details, or other sensitive information.

10. Changing Numbers

If you change or give up your mobile number, reply STOP from that number or tell us first, so we do not text the number's next owner.

11. Privacy

Your information is handled under our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

12. Changes

We may change these SMS Messaging Terms or end a program. We will post updates on our websites and send notice of material changes by text.

13. Contact

The Patient Experience Strategist LLC, 2850 34th St N #1196, St. Petersburg, FL 33713, United States. Email support@patientexperiencestrategist.com or call +1 (855) 797-8749.