Stillway Customer Agreement
Effective Date: April 8, 2026
This Customer Agreement ("Agreement") is a binding contract between the entity or individual identified in the account registration ("Customer," "you") and Stillway, Inc., a Delaware corporation ("Stillway," "we," "us"). By creating an account on app.stillway.ai, you accept this Agreement.
If you are entering into this Agreement on behalf of a business, you represent that you have authority to bind that business to these terms.
1. Definitions
"Authorized Users" means the individuals within Customer's organization permitted to access the Platform under Customer's account, including practitioners, staff, and administrators.
"Client" means an individual who books or receives services from Customer through the Platform.
"Client Data" means all data submitted to or collected through the Platform by or on behalf of Customer's Clients, including appointment details, contact information, intake form responses, and communications.
"Customer Data" means all data submitted to or generated through the Platform by Customer or its Authorized Users, including business information, service configurations, SOAP notes, Client Data, and SMS message content.
"Platform" means Stillway's web-based scheduling, booking, and practice management software, including the Stillway App at app.stillway.ai, booking pages at book.stillway.ai, related APIs, and the embeddable chat widget.
"Subscription Plan" means the tier of Platform access selected by Customer (Independent, Studio, or Practice), as described at stillway.ai/pricing.
2. Platform Services
2.1 What Stillway Provides
Stillway provides software infrastructure that enables Customer to manage bookings, scheduling, client communications, payments, and practice operations. The Platform may include AI-assisted features such as conversational booking, appointment recommendations, and note summarization.
2.2 What Stillway Does Not Provide
Stillway is not a provider of healthcare, wellness, massage therapy, or any other professional service. Stillway does not supervise, direct, or control the services delivered by Customer to Clients. The relationship between Customer and Client is solely between those parties.
3. Account Registration and Access
3.1 Account Responsibilities
Customer agrees to provide accurate registration information, maintain the security of account credentials, and promptly notify Stillway of any unauthorized access. Customer is responsible for all activity under its account.
3.2 Authorized Users
Customer controls which individuals have access to the Platform as Authorized Users. The number of Authorized Users permitted depends on Customer's Subscription Plan. Customer is responsible for Authorized User compliance with this Agreement.
4. Subscription Plans and Billing
4.1 Plans and Pricing
The Platform is offered through tiered Subscription Plans with monthly or annual billing. Current plan details, pricing, and feature availability are published at stillway.ai/pricing.
4.2 Free Trial
New accounts receive a 14-day free trial with access to core Platform features. SMS messaging features (including notifications, reminders, and two-way texting) and dedicated phone number provisioning are not available during the trial period. At the end of the trial period, Customer must select a paid Subscription Plan to continue using the Platform. If no plan is selected, the account will be transitioned to a limited-access state for data export and billing management.
4.3 Billing and Payment
Subscription fees are billed in advance on a monthly or annual cycle via Stripe. All fees are stated in US dollars and are non-refundable except as required by applicable law. Stillway reserves the right to modify pricing with 30 days' advance notice; price changes take effect at the next billing cycle.
4.4 Authorized User Limits
Each Subscription Plan includes a maximum number of Authorized Users. If Customer requires additional Authorized Users beyond the plan limit, Stillway will provide pricing for additional seats. Unauthorized users accessing the Platform in excess of plan limits may result in account suspension until resolved.
4.5 Taxes
Fees are exclusive of applicable sales, use, and similar taxes. Customer is responsible for all taxes associated with their subscription, excluding taxes on Stillway's net income.
4.6 Late Payment
If payment fails, Stillway will attempt to collect using the payment method on file. If payment remains outstanding for more than 14 days, Stillway may suspend access to the Platform. Stillway will provide at least 7 days' written notice before suspension for non-payment.
5. Customer Responsibilities
5.1 Professional Licensing and Compliance
Customer is solely responsible for maintaining all professional licenses, certifications, and permits required to deliver services to Clients. Customer will comply with all applicable laws and regulations in the jurisdictions where Customer operates, including professional licensing requirements, consumer protection laws, and healthcare regulations.
5.2 Service Delivery
Customer is solely responsible for the quality, safety, and legality of services delivered to Clients. Stillway has no obligation to verify Customer's credentials, qualifications, or service quality.
5.3 Client Relationships
Customer owns and is responsible for the Client relationship, including pricing, cancellation policies, no-show policies, and dispute resolution. Stillway will not mediate disputes between Customer and Client.
5.4 Accurate Information
Customer will ensure that all information provided to the Platform — including business details, service descriptions, pricing, and availability — is accurate and current.
5.5 Permitted and Prohibited Uses
The Platform is designed for use by licensed or legitimate service professionals in wellness, personal care, health, and related fields. Customer may only use the Platform to manage and deliver services that fall within these categories.
Customer shall not use the Platform to offer, facilitate, or advertise:
(a) services that are illegal in the jurisdiction where the Customer operates or where the Client is located;
(b) adult entertainment, escort services, or sexually oriented businesses;
(c) services involving controlled substances, cannabis, or pharmaceutical distribution, except as specifically permitted under applicable law and approved by Stillway in writing;
(d) gambling, gaming, or wagering services;
(e) services that fall within a prohibited business category under the terms of Stillway's payment processing partners (Stripe, Square), as published on their respective websites; or
(f) any business or activity that, in Stillway's reasonable judgment, poses a material legal, regulatory, or reputational risk to the Platform or its users.
Stillway reserves the right to review Customer's use of the Platform for compliance with this section and may suspend or terminate Customer's account immediately upon determining a violation, in accordance with Section 14.3.
6. Messaging and Communications
6.1 Platform Messaging Features
The Platform includes messaging capabilities such as SMS appointment notifications, reminders, and follow-ups. Certain Subscription Plans also include two-way text messaging between Customer and Clients. The availability of specific messaging features depends on Customer's Subscription Plan as described at stillway.ai/pricing. Two-way messaging and dedicated phone number provisioning are not available during free trial periods.
Messaging is powered by third-party providers including Twilio (SMS) and SendGrid (email).
6.2 SMS Consent and Compliance
Customer is responsible for obtaining and maintaining proper consent from Clients before sending SMS messages through the Platform, in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state laws. The Platform provides consent collection mechanisms during booking; Customer must ensure these are used and not circumvented.
6.3 Dedicated Phone Numbers and A2P 10DLC Registration
Two-way messaging and certain notification features on eligible Subscription Plans require a dedicated phone number provisioned through Twilio's A2P 10DLC registration process. This process involves Customer providing business information (EIN, legal business name, business type) for registration with The Campaign Registry (TCR) via Twilio.
Customer acknowledges and agrees that:
(a) A2P 10DLC approval is subject to third-party review by Twilio and TCR and is not guaranteed by Stillway.
(b) The registration process may take days or weeks to complete, during which messaging capabilities may be limited to base-level notification functionality using shared sending infrastructure.
(c) Registration may be rejected or suspended by Twilio or TCR for reasons outside Stillway's control, including business verification failures or campaign content issues.
(d) Subscription fees are not reduced or adjusted based on the status of A2P 10DLC registration or the availability of dedicated messaging features. The Platform provides value through scheduling, booking, and practice management capabilities regardless of dedicated SMS status.
(e) Customer is responsible for the accuracy of business information provided during the registration process.
6.4 Messaging Acceptable Use
Customer shall not use Platform messaging features to:
(a) send unsolicited commercial messages (spam) or messages to individuals who have not consented to receive them;
(b) send messages containing content that is illegal, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(c) impersonate another person, business, or entity;
(d) send messages for purposes unrelated to Customer's service delivery and legitimate business operations with Clients;
(e) share, sell, or transfer messaging access or phone numbers provisioned through the Platform to third parties;
(f) exceed reasonable messaging volumes or use messaging features in a manner that constitutes abuse of the Platform or its underlying infrastructure;
(g) send messages that violate Twilio's Acceptable Use Policy or Messaging Policy, or SendGrid's Acceptable Use Policy;
(h) use messaging features to collect sensitive financial or health information via text message unless appropriate safeguards are in place; or
(i) circumvent opt-out requests, consent requirements, or other regulatory obligations related to electronic messaging.
Stillway reserves the right to monitor messaging usage for compliance with this section and applicable law, and may suspend or restrict messaging features if violations are detected.
6.5 STOP and Opt-Out Compliance
The Platform supports standard opt-out processing (STOP/HELP keywords) as required by carrier regulations. Customer will not interfere with opt-out processing or re-enroll Clients who have opted out without obtaining new explicit consent.
7. AI Features
7.1 AI-Assisted Functionality
The Platform may offer AI-assisted features including conversational booking, appointment recommendations, operational assistance, and note summarization. These features use third-party AI systems (see the Subprocessor List at stillway.ai/trust).
7.2 Limitations and Human Oversight
AI features are provided as assistive tools. AI-generated outputs may contain errors, omissions, or inaccuracies and must be reviewed by Customer before being relied upon or communicated to Clients. Customer retains full responsibility for decisions made using AI-assisted outputs.
7.3 AI Data Handling
Stillway does not use Customer Data or Client Data to train public AI models. AI processing is performed through API integrations with contractual commitments from AI subprocessors that prohibit the use of Customer data for model training. Additional details are available in Stillway's AI Transparency Policy at stillway.ai/trust.
8. Support
Stillway provides technical support and onboarding assistance for the Platform through designated support channels as described in Stillway's Support Policy at stillway.ai/trust. Customer agrees to use these designated channels for support requests; Stillway is not obligated to respond to support requests submitted through other means. Details regarding onboarding, support availability, response time targets, satisfaction commitment, and escalation procedures are published in the Support Policy. Stillway may update the Support Policy from time to time; the Support Policy describes Stillway's current support practices and does not create binding service level commitments.
9. Customer Data
9.1 Ownership
Customer retains all right, title, and interest in Customer Data. Stillway acquires no ownership rights in Customer Data by virtue of this Agreement.
9.2 License to Stillway
Customer grants Stillway a non-exclusive, worldwide license to process, store, and transmit Customer Data solely as necessary to operate the Platform, provide the services described in this Agreement, and comply with applicable law.
9.3 Data Export
Customer may export Customer Data at any time using the Platform's export functionality. Stillway will make Customer Data available for export in standard machine-readable formats (CSV, JSON). Upon termination, Customer will have 30 days to export Customer Data as described in Section 14.4. Following the export period, Stillway may retain or delete Customer Data at its discretion in accordance with its Privacy Policy.
9.4 Aggregated and De-Identified Data
Stillway may create aggregated, anonymized, and de-identified data derived from Customer's use of the Platform. Such data, which cannot reasonably be used to identify Customer or any individual, may be used by Stillway for product improvement, analytics, and benchmarking.
10. Health Information and HIPAA
10.1 Platform Positioning
The Platform is designed primarily for appointment scheduling, practice management, and operational workflows. Customer may use Platform features (such as SOAP notes and intake forms) to document information related to Client care.
10.2 HIPAA Compliance
For Customers who are Covered Entities or Business Associates under the Health Insurance Portability and Accountability Act ("HIPAA"), Stillway offers a Business Associate Agreement ("BAA") as an addendum to this Agreement. The BAA is available for all paid Subscription Plans and may be accepted through the Stillway App at app.stillway.ai. The BAA is not available during the free trial period. For questions, contact legal@stillway.ai.
Without an executed BAA, Stillway makes no representations regarding HIPAA compliance and Customer assumes all responsibility for determining whether the Platform meets Customer's regulatory requirements.
10.3 Customer Obligations
Whether or not a BAA is in place, Customer is responsible for (a) determining which regulatory frameworks apply to Customer's practice, (b) configuring and using the Platform in compliance with those frameworks, and (c) limiting the information stored in the Platform to what is appropriate given Customer's regulatory obligations and the applicable data protection controls.
11. Security
Stillway implements commercially reasonable administrative, technical, and physical safeguards to protect Customer Data, including encryption in transit (TLS), encryption at rest, role-based access controls, audit logging, and infrastructure monitoring. Stillway's current security practices are described at stillway.ai/trust.
Stillway will notify Customer without unreasonable delay (and in no event later than 72 hours) upon confirming a security incident that results in unauthorized access to, disclosure of, or loss of Customer Data.
12. Confidentiality
12.1 Definition
"Confidential Information" means non-public information disclosed by either party to the other under this Agreement, including Customer Data, business plans, pricing, technical information, and product roadmaps. Confidential Information does not include information that is publicly available, already known to the receiving party, independently developed, or lawfully obtained from a third party.
12.2 Obligations
Each party will (a) protect the other party's Confidential Information using the same degree of care it uses for its own confidential information (and in no event less than reasonable care), (b) use Confidential Information only as necessary to perform under this Agreement, and (c) not disclose Confidential Information except to employees, contractors, and agents who need to know and are bound by confidentiality obligations at least as protective as these.
13. Intellectual Property
13.1 Stillway IP
Stillway owns all right, title, and interest in the Platform, including all software, documentation, trademarks, and proprietary technology. This Agreement does not transfer any Stillway intellectual property to Customer.
13.2 Customer IP
Customer retains all intellectual property rights in Customer Data and any pre-existing materials Customer provides to the Platform.
13.3 Feedback
If Customer provides feedback or suggestions regarding the Platform, Stillway may use such feedback without restriction or obligation.
14. Term and Termination
14.1 Term
This Agreement begins when Customer creates an account and continues until terminated by either party.
14.2 Termination by Customer
Customer may terminate this Agreement at any time by cancelling the subscription through the Platform. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.
14.3 Termination by Stillway
Stillway may terminate this Agreement (a) for Customer's material breach that remains uncured 30 days after written notice, (b) immediately if Customer violates the Permitted and Prohibited Uses provisions (Section 5.5), the Messaging Acceptable Use provisions (Section 6.4), or engages in conduct that poses a risk to Platform integrity or other customers, or (c) with 90 days' written notice for any reason.
14.4 Effect of Termination
Upon termination, (a) Customer's access to the Platform will end, (b) Customer will have 30 days to export Customer Data using the Platform's export functionality, (c) following the export period, Stillway may retain or delete Customer Data at its discretion and in accordance with its Privacy Policy and applicable data retention obligations, and (d) accrued payment obligations survive termination.
15. Indemnification
15.1 Customer Indemnification
Customer will indemnify, defend, and hold harmless Stillway and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from (a) Customer's use of the Platform in violation of this Agreement, (b) Customer's delivery of services to Clients, (c) Customer's violation of applicable law, including TCPA, CAN-SPAM, HIPAA, or professional licensing requirements, or (d) Customer Data that infringes a third party's rights.
15.2 Stillway Indemnification
Stillway will indemnify, defend, and hold harmless Customer from and against any third-party claims alleging that the Platform as provided by Stillway infringes a valid US patent, copyright, or trade secret, provided Customer gives prompt written notice, cooperates in the defense, and grants Stillway sole control of the defense and settlement.
16. Limitation of Liability
16.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Liability Cap
EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO STILLWAY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16.3 Exceptions
The limitations in Sections 16.1 and 16.2 do not apply to (a) Customer's indemnification obligations under Section 15.1, (b) either party's breach of confidentiality obligations, (c) either party's willful misconduct, or (d) Stillway's indemnification obligations under Section 15.2.
17. Warranty Disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." STILLWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STILLWAY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
Without limiting the foregoing, Stillway makes no representations regarding the accuracy of AI-generated outputs, the approval timeline or outcome of A2P 10DLC registration, or the suitability of the Platform for Customer's specific regulatory requirements.
18. Dispute Resolution
18.1 Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles.
18.2 Informal Resolution
Before initiating formal proceedings, each party will attempt to resolve disputes through good faith negotiation for at least 30 days after written notice of the dispute.
18.3 Jurisdiction
Any dispute not resolved through negotiation will be submitted to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware. Each party consents to personal jurisdiction in those courts.
19. General Provisions
19.1 Entire Agreement
This Agreement, together with the Privacy Policy, Data Processing Addendum, and any executed BAA, constitutes the entire agreement between the parties regarding the Platform and supersedes all prior agreements and understandings.
19.2 Amendments
Stillway may update this Agreement with at least 30 days' advance notice via email or in-app notification. Continued use of the Platform after the effective date of changes constitutes acceptance. If Customer does not agree to the updated terms, Customer may terminate this Agreement before the effective date of the changes by providing written notice to legal@stillway.ai; in such case, the prior version of the Agreement will govern through the end of the current billing period. Material changes will be clearly identified.
19.3 Assignment
Neither party may assign this Agreement without the other party's written consent, except that Stillway may assign in connection with a merger, acquisition, or sale of all or substantially all of its assets.
19.4 Severability
If any provision of this Agreement is held unenforceable, the remaining provisions continue in full force and effect.
19.5 Waiver
No waiver of any provision will be effective unless in writing and signed by the waiving party.
19.6 Force Majeure
Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, government actions, or third-party service outages (including Twilio, Stripe, or AWS outages).
19.7 Notices
Notices to Stillway should be sent to legal@stillway.ai. Notices to Customer will be sent to the email address on file in the account.
20. Contact
Stillway, Inc. legal@stillway.ai
By creating an account on app.stillway.ai, Customer acknowledges having read, understood, and agreed to be bound by this Agreement.