Terms of Service

These Terms of Service ("Terms") govern your access to and use of Sondaggio, a patient-satisfaction survey platform operated by Telio, LLC, a Pennsylvania limited liability company ("Sondaggio," "we," "us," or "our"). By creating an account, clicking "I agree," or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a healthcare practice or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

Please read these Terms together with our Privacy Policy and our End User License Agreement, which are incorporated by reference. If you do not agree to these Terms, do not use the Service.

1. The agreement

These Terms, together with the Privacy Policy, the EULA, any order form or written agreement we sign with you, and any plan or feature-specific terms presented in the dashboard, form the entire agreement between you and Sondaggio regarding the Service. They supersede any prior or contemporaneous proposals or communications, written or oral.

2. Eligibility

To use Sondaggio, you must:

• be a healthcare practice, clinic, hospital, dental office, veterinary practice, or comparable provider, or an agent authorized to act on behalf of one;
• be at least 18 years old and capable of entering into a binding contract;
• have a U.S.-based business address and a valid U.S. payment method;
• not be barred from receiving services under U.S. export controls or sanctions; and
• not have had a prior Sondaggio account terminated for cause.

3. Accounts and security

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You must use a unique, strong password and promptly notify us at [email protected] of any unauthorized access. You must not share credentials, allow anyone outside your practice to use the account, or create an account using false information. Each authorized user should have their own login.

4. Subscription plans and billing

Sondaggio is offered on the following plans, billed in U.S. dollars:

• Starter — $99/month. One location, baseline features, email support.
• Growth — $299/month. Up to a configured number of locations, full reporting, reputation module, 99.5% uptime SLA, priority email support.
• Practice — $599/month. Higher location and volume limits, multi-location rollups, role-based access, and phone support.
• Enterprise — custom pricing. Custom volumes, SSO, BAA where applicable, named support contact. Terms set out in an order form.

Billing cycle. Plans are billed monthly in advance and automatically renew at the end of each billing cycle until cancelled. Fees are non-refundable except as required by law or expressly stated in these Terms. We may change list prices on 30 days' notice; the new price applies to your next renewal.

Taxes. Fees are exclusive of taxes. You are responsible for sales, use, and other applicable taxes, except for taxes on our net income.

Overages. If your usage exceeds plan limits, we will notify you and, at our option, automatically upgrade you to the next plan or charge documented overage fees for the cycle in which the limit was exceeded.

Late payment. If a payment is more than 10 days past due, we may suspend access until the balance is paid. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

5. Free trial

New customers may evaluate Sondaggio with a 14-day free trial. The trial provides full feature access at the plan tier you select and does not require a credit card. At the end of the trial:

• If you have added a payment method, your subscription will convert to a paid plan at the listed rate and you will be charged on the conversion date.
• If you have not added a payment method, your account will be paused. Your data is preserved for 30 days while you decide whether to continue.
• You may cancel during the trial at any time with no charge by closing your account from the dashboard.

Trial access is intended for evaluation. We may revoke a trial that appears to be abusive or used in production at scale.

6. Acceptable use

Sondaggio is for collecting feedback about a real healthcare experience from a Patient who has interacted with your practice. You agree that you and your users will not:

• send marketing or promotional messages through Sondaggio;
• initiate SMS communication to a Patient who has not first texted your code;
• use Sondaggio to send appointment marketing, sweepstakes, fundraising, or political messaging;
• violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, FTC guidelines, state telemarketing laws, CTIA Messaging Principles & Best Practices, or any wireless carrier acceptable use policy or 10DLC/Campaign Registry rules;
• collect Protected Health Information (PHI) through the Service, except under an executed BAA;
• attempt to gain unauthorized access to the Service, other accounts, or any underlying systems or networks;
• scrape, harvest, or otherwise systematically extract data from the Service except via an API we provide;
• reverse engineer, decompile, or attempt to derive source code, except to the extent that law expressly permits;
• resell, sublicense, or provide the Service to third parties as a service bureau;
• upload malware, run automated load tests without our written consent, or interfere with the Service's operation; or
• use the Service in a manner that infringes the rights of any person, defames any person, or violates any law.

7. SMS compliance

You are the Operator of record for any phone number provisioned for your practice through Sondaggio. You agree:

• that messages are sent only to Patients who initiated contact by texting your 5-character code;
• to comply with all carrier acceptable use policies, 10DLC registration requirements, and Campaign Registry obligations;
• to honor every STOP request within 24 hours and to ensure that opt-out requests received through any channel are reflected in Sondaggio;
• to respond to HELP messages with practice contact information;
• to disclose to Patients that message and data rates may apply and to identify your practice in initial messaging signage; and
• to maintain records sufficient to demonstrate that contact was Patient-initiated for at least four years.

If a carrier flags your traffic or threatens to suspend a number for non-compliance, we may immediately pause SMS sending and require remediation as a condition of resuming.

8. Patient data and data roles

You represent and warrant that you have obtained any consent required by applicable law to invite Patients to provide feedback and to receive survey responses about their experience. As between you and Sondaggio:

• You are the controller of Patient feedback data.
• Sondaggio acts as a processor and handles Patient information only as needed to deliver the Service and consistent with our Privacy Policy.
• You will not configure surveys to request PHI, Social Security numbers, payment card data, or other sensitive identifiers.

9. Intellectual property

Sondaggio property. Sondaggio, Telio, the Sondaggio logo, the platform, the underlying software, the user interface, documentation, and all related intellectual property are and remain the property of Telio, LLC and its licensors. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service during your subscription, solely for your internal business use. No other rights are granted by implication, estoppel, or otherwise.

Your data. You retain all rights in the survey questions you author and the Patient response data collected in your account ("Customer Data"). You grant Sondaggio a worldwide, royalty-free license to host, store, copy, transmit, display, and process Customer Data solely to provide and improve the Service and to produce aggregated, de-identified analytics that cannot reasonably be linked back to you or any Patient.

Restrictions. You will not (and will not permit any user to) copy, modify, or create derivative works of the Service; reverse engineer it; or remove proprietary notices.

10. Surveys and content

You may customize survey content within the limits of the platform. You will not:

• use deceptive, leading, or misleading questions designed to manufacture inflated satisfaction scores;
• solicit, incentivize, or fabricate false reviews on Google, Yelp, or any other third-party platform;
• use Sondaggio to suppress, hide, or retaliate against Patients who provide negative feedback (e.g., review-gating workflows that route only happy patients to public review platforms); or
• include content that is unlawful, harassing, or that violates a third party's rights.

You are solely responsible for your survey content and for ensuring that any review-solicitation practices comply with FTC guidance and the policies of the platforms involved.

11. Reputation module

If you connect Google or Yelp listings to Sondaggio, the reputation module displays public review data drawn from those platforms via their APIs. You agree:

• to display review content accurately and without alteration of substance;
• not to use review data to contact, harass, or retaliate against any reviewer;
• to comply with each connected platform's terms of service and developer policies;
• that platform availability, completeness of data, and rate limits are controlled by the platform and not guaranteed by Sondaggio.

12. Third-party services

The Service relies on third-party providers for SMS delivery, payment processing, hosting, transactional email, and review data. Your use of those features is also subject to the providers' terms. We are not responsible for the acts or omissions of third-party providers, but we will use commercially reasonable efforts to select and oversee them.

13. Confidentiality

Each party may receive non-public information from the other that is identified as confidential or that should reasonably be understood to be confidential ("Confidential Information"). Each party will use the other's Confidential Information only to perform under these Terms and will protect it using at least the same degree of care it uses for its own confidential information, but no less than a reasonable degree of care. Confidential Information does not include information that is publicly available, was already known without obligation of confidence, is independently developed, or is rightfully received from a third party.

14. Service levels and warranty disclaimer

Service level. For Growth, Practice, and Enterprise plans, Sondaggio targets 99.5% monthly availability of the operator dashboard and survey delivery, excluding scheduled maintenance and force-majeure events. The Starter plan is offered without an uptime commitment. Service-credit remedies, where applicable, are described in the dashboard or order form and are your sole and exclusive remedy for availability shortfalls.

Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONDAGGIO AND TELIO, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SONDAGGIO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations apply regardless of the theory of liability and form an essential basis of the bargain.

16. Indemnification

By you. You will defend, indemnify, and hold harmless Telio, LLC, Sondaggio, and their officers, directors, employees, and agents from and against any third-party claim, damage, liability, and reasonable attorneys' fee arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data or survey content you submit, including any allegation that it infringes a third party's rights; (c) your violation of TCPA, CAN-SPAM, carrier rules, or other SMS or telemarketing laws; (d) your collection of PHI through the Service in the absence of an executed BAA, or your other HIPAA obligations as a covered entity; or (e) any dispute between you and a Patient or a connected review platform.

By Sondaggio. Sondaggio will defend you against any third-party claim alleging that the Service, as provided by Sondaggio and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, and will pay damages and costs finally awarded by a court of competent jurisdiction or agreed in settlement, subject to the limits in Section 15.

17. Term and termination

Cancellation by you. You may cancel your subscription at any time from the dashboard. Cancellation is effective at the end of the then-current billing cycle, and we do not refund fees already paid except where required by law.

Termination by us. We may suspend or terminate the Service or your account, with notice where reasonably possible, if: you materially breach these Terms; your account is used in a way that creates a security, legal, or carrier-compliance risk; payment is more than 30 days past due; or required by law. We may terminate without cause on 30 days' notice and refund any unused prepaid fees on a pro-rata basis.

Effect of termination. Upon termination, your right to access the Service ends. For 30 days after termination, you may export Customer Data in CSV or JSON. Thereafter, we will delete Customer Data on the schedule in our Privacy Policy. Sections that by their nature should survive termination (including IP, confidentiality, disclaimers, limitations of liability, indemnities, and governing law) will survive.

18. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. Subject to the arbitration option below, the state and federal courts located in Bucks County, Pennsylvania have exclusive jurisdiction over any dispute, and each party consents to personal jurisdiction and venue there.

Arbitration option. Either party may elect, by written notice, to resolve a dispute by confidential, binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will be conducted in Doylestown, Pennsylvania (or by video at either party's election), by a single arbitrator, in English. Each party will bear its own costs and an equal share of arbitrator fees, except as the arbitrator may otherwise allocate. No class actions. Each party may bring claims only in an individual capacity. The Federal Arbitration Act governs the interpretation and enforcement of this section.

19. Changes to these Terms

We may update these Terms from time to time. We will notify Operators of material changes by email and by an in-dashboard notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, your remedy is to cancel before it takes effect.

20. Miscellaneous

Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger or sale of substantially all of your assets. We may assign these Terms freely. Notices. Legal notices to Sondaggio must be sent to [email protected] with a copy to the mailing address below. We may give notice to you by email to your account address or by an in-dashboard notice. No waiver. A failure to enforce any provision is not a waiver. Severability. If any provision is held unenforceable, the rest remains in effect. Independent contractors. The parties are independent contractors; nothing creates an agency, partnership, or joint venture. Force majeure. Neither party is liable for failures caused by events beyond its reasonable control. Headings are for convenience only.

21. Contact

Legal: [email protected] or [email protected]

Mail:
Telio, LLC — Legal
8 Atkinson Drive, Unit 296
Doylestown, PA 18901
(267) 601-0119
United States