These Business Terms govern the purchase and use of a FITWithRCMC clinic license by a medical practice, med spa, or similar business ("Clinic," "you"). This is separate from our patient-facing Terms of Service, which governs individual patient use of the app. If you're an individual patient, that document applies to you instead.
FITWithRCMC licenses a coaching software platform to Clinics for managing patients enrolled in a weight-loss or wellness program. The platform includes a staff/coach web dashboard and a patient-facing mobile app. Patients are invited by the Clinic and do not purchase the app or any subscription directly.
You represent that you are a licensed medical practice, med spa, or similar business authorized to provide the services you offer your patients, and that the person accepting these terms on your behalf is authorized to bind the Clinic.
To the extent this Service involves Protected Health Information, a separate signed Business Associate Agreement governs how that information is handled and where responsibility sits between your Clinic and FITWithRCMC. That agreement — not this page — controls PHI handling. Your account will not go live without a signed BAA on file. See our Security & Compliance page for more.
You own the patient data entered through your Clinic's account. We process it on your behalf to provide the Service. If you cancel, we will provide a reasonable window to export your data before deletion, consistent with our data retention practices and any obligations under the BAA.
FITWithRCMC and its underlying software, design, and content are owned by or licensed to us. This agreement grants you a limited, non-exclusive, non-transferable license to use the Service for your Clinic's internal patient coaching purposes. You may not copy, resell, sublicense, or reverse engineer the platform.
The Service relies on third-party infrastructure and service providers, including but not limited to Supabase (database and authentication), LiveKit (video), and AI providers used for check-ins and meal photo analysis, and payment processors used to bill your Clinic. We remain responsible for these providers' handling of your data consistent with our agreements with them and, where PHI is involved, the BAA. We'll provide notice of any change to a sub-processor that materially affects how PHI is handled.
We may update, add to, or change features of the Service over time to improve it. We will provide reasonable notice before any change that materially reduces core functionality you rely on. We are not obligated to maintain any specific feature indefinitely.
Each party may have access to the other's non-public business information in the course of this relationship. Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as needed to perform this agreement or as required by law. This section does not limit either party's obligations under the BAA with respect to PHI, which governs separately.
The Service is provided "as is." We do not warrant that the Service will be uninterrupted or error-free. FITWithRCMC is a coaching and tracking tool — it is not a substitute for clinical judgment, and your Clinic remains responsible for the medical care you provide to your patients.
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential damages arising from this agreement. Each party's total liability arising from this agreement is limited to the fees paid by the Clinic in the 12 months preceding the claim, except for liability arising from a breach of confidentiality or PHI obligations under the BAA, which is governed by that agreement instead.
Each party agrees to indemnify the other against third-party claims arising from that party's breach of this agreement, negligence, or violation of applicable law.
This agreement remains in effect until either party cancels per Section 3, or either party terminates for material breach not cured within 30 days of written notice. We may suspend access immediately for non-payment or a security concern.
Sections covering fees owed, data ownership and export, confidentiality, limitation of liability, indemnification, dispute resolution, and any obligation that by its nature should survive, remain in effect after this agreement ends.
As a covered entity under HIPAA, your Clinic may request reasonable information about our security practices relevant to PHI we process on your behalf, consistent with the terms of the BAA. Formal audit rights, scope, and frequency are governed by the BAA rather than this document.
Disputes arising from this agreement will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Williamson County, Texas. Each party waives the right to a jury trial and to bring or participate in a class, collective, or representative proceeding against the other. Either party may bring an individual claim in small claims court instead, if it qualifies for that court's jurisdiction.
This agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws principles.
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, internet or utility outages, or third-party service provider outages.
Notices under this agreement must be sent by email to the address on file for each party, with routine notices effective on send and material legal notices (such as termination or breach) also sent to [email protected] for us, or to the Clinic's designated administrator on file.
Email: [email protected]
Address: RCMC Medical Weight Loss, 800 Crystal Falls Parkway, Unit 7, Leander, Texas 78641, USA