HIPAA Terms and Conditions for Robocalls and Texting

Effective date: November 2, 2026. These Terms and Conditions ("Terms") govern the use of automated calling, text messaging, smart SMS, ringless voicemail, reporting, and related services provided by Robotalker.com LLC ("Robotalker," "we," "us," or "our"). They supplement, and do not replace, a separately executed Business Associate Agreement ("BAA") for protected health information ("PHI").

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CHECKING THE AGREEMENT ACCEPTANCE BOX. BY CHECKING THE BOX, YOU (THE SUBSCRIBER) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS FOR THE USE OF SERVICES PROVIDED BY ROBOTALKER.COM LLC. IF YOU ARE NOT WILLING TO BE BOUND, IF YOU ARE NOT OF LEGAL AGE, OR IF YOU ARE OTHERWISE UNABLE BY LAW TO ENTER INTO THIS AGREEMENT, DO NOT USE THE SERVICES. ROBOTALKER.COM LLC MAY DISCONTINUE SERVICES IF SUBSCRIBER DOES NOT COMPLY WITH THESE TERMS.

1. Grant of Rights to Use Services

Effective upon acceptance of these Terms, Robotalker grants Subscriber a nonexclusive, nontransferable, free-of-charge license to access and use the services for Subscriber's internal business purposes. Subscriber has no right to sell, resell, sublicense, or otherwise make the services available to a third party, nor to claim any such right.

The services allow Subscriber to send prerecorded audio, voice, and text messages to predetermined phone numbers and to configure prerecorded voice messages, menus, and response options. Subscriber is solely responsible for obtaining all equipment, connectivity, consents, and approvals necessary to use the services, and for all charges associated with internet or telecommunications access. All customer identity information will be held in confidence as described in these Terms and our HIPAA privacy policy.

2. Subscriber Registration and Data Protection

Subscriber agrees to provide and maintain true, accurate, current, and complete registration information, including information about Subscriber and, where applicable, Subscriber's corporation or healthcare organization. Subscriber must promptly update registration data when it changes.

The customer agrees that by supplying the exact discounted purchase amount from their credit card statement at sign-up, they cannot request a refund based on credit card fraud. A person providing this information has information only attainable by the cardholder and cannot claim credit card fraud while requesting a chargeback from Robotalker.com LLC. All payments are verified at the time of purchase by requesting bank confirmation of the random payment amount.

ALL SUBSCRIBER INFORMATION, UPLOADED PHONE NUMBERS, MESSAGES, DATES, AND TIMES OF BROADCASTS WILL BE HELD IN STRICT CONFIDENCE AND WILL NOT BE SOLD OR USED FOR ANOTHER COMPANY'S MARKETING. THIS INFORMATION IS NOT THE PROPERTY OF ROBOTALKER.COM LLC AND MAY NOT BE SOLD, GIVEN, OR SHARED, EXCEPT AS NECESSARY TO DELIVER THE SERVICES, AS PERMITTED BY A BAA, OR AS REQUIRED BY LAW. ALL PHONE CALL AND TEXT MESSAGE HISTORY WILL BE ERASED WITHIN THREE MONTHS OF CREATION, UNLESS A LONGER PERIOD IS REQUIRED BY LAW, A BAA, OR A DOCUMENTED LEGAL HOLD.

ROBOTALKER'S HIPAA SERVICES ARE DESIGNED FOR U.S. FEDERAL HIPAA REQUIREMENTS. UNLESS SEPARATELY AGREED IN WRITING, ROBOTALKER DOES NOT REPRESENT THAT THE SERVICES SATISFY THE EU GENERAL DATA PROTECTION REGULATION OR ANY OTHER INTERNATIONAL DATA PROTECTION OR DATA RESIDENCY FRAMEWORK. BY ACCEPTING THESE TERMS, SUBSCRIBER ACKNOWLEDGES THAT LOCAL DATA STORAGE, TRANSFER, AND RESIDENCY REQUIREMENTS ARE THE SUBSCRIBER'S RESPONSIBILITY TO EVALUATE. ROBOTALKER ENCRYPTS CREDIT CARD AND PERSONAL USER INFORMATION IN ITS SYSTEM AS PART OF ITS SECURITY PROGRAM AND MAY DELETE HISTORICAL DATA WHEN PERMITTED BY LAW AND THE APPLICABLE BAA.

Subscriber will provide all relevant data to Robotalker when signing up for the services and at subsequent times when reasonably requested. Robotalker will not sell or rent registration data, phone numbers, or related information. Telephone numbers are confidential and may be erased by users or by Robotalker upon request, subject to legal and BAA retention requirements. Robotalker will not use phone numbers, names, or message history for its own marketing or provide them to another organization for that organization's marketing, except as necessary to deliver the services, as permitted by a BAA, or as required by law.

Upon completing registration and accepting these Terms, Subscriber will establish a username and password for portal access. Subscriber is solely responsible for maintaining the confidentiality of its username, password, mailbox numbers, and personal identification number (PIN). Subscriber must not give account information to third parties and is responsible and liable for all transactions or activities originating from Subscriber's account. Subscriber must notify Robotalker immediately of any unauthorized use of the account or any other breach of security. Subscriber understands that Subscriber and, if applicable, Subscriber's company assume all financial responsibility for use of Robotalker services originating from Subscriber's account by Subscriber or others.

3. Robotalker's Rights

Robotalker retains all right, title, and interest in the services, including all copyrights, trademarks, trade secrets, and other intellectual property rights. Subscriber may not, and may not allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the services. No trademark rights are granted under these Terms. Copyright notices and other proprietary legends may not be removed. Subscriber may not grant any sublicense, lease, or other rights in the services to a third party. All rights not expressly granted are retained by Robotalker.

4. Termination

Either party may terminate these Terms upon notice to the other party. Robotalker may suspend, deny, or terminate Subscriber's service if Robotalker, in its sole discretion, believes Subscriber is using or plans to use Robotalker services in a manner that is unlawful, abusive, or harassing, including making calls or text messages to a politician's office, police stations, public servants of any kind or their staff, or personal or home phone numbers. Such use is strictly prohibited. Robotalker may also suspend or terminate service if Subscriber's use creates or could create a potential adverse impact on Robotalker's ability to provide service to others.

Upon termination, Subscriber must immediately stop using the services, and Robotalker will have no further obligations to Subscriber except as stated in an applicable BAA or required by law. Robotalker is not liable to Subscriber or any third party for terminating these Terms. Termination does not relieve Subscriber of payment obligations incurred before termination or of obligations that survive termination.

5. Limitation of Liability

In no event will Robotalker be liable to Subscriber or any third party for special, indirect, incidental, or consequential damages, whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability. Robotalker's total liability for damages, regardless of the form of action, will not exceed the amount of $100 paid by Subscriber for the services, if any. This limitation reflects the allocation of risk between the parties and survives even if a limited remedy is found to have failed its essential purpose.

6. Warranty Disclaimer and Refunds

The services are licensed "as is" and "as available." Robotalker makes no warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, whether arising under the laws of the United States, any state, or any other country or province. Robotalker does not represent or warrant that the services are free of third-party claims of infringement. The entire risk associated with use of the services is borne by Subscriber.

Robotalker does not warrant that the services will meet Subscriber's requirements or that operation will be uninterrupted, timely, secure, error-free, or that defects will be corrected. Robotalker's text messaging service is a prepaid, nonreturnable, non-exchangeable service, and unused balances are generally nonrefundable except as expressly stated in these Terms. Additional call charges are billed the day following the call charges. Calls are billed in call units, not minutes. Robotalker makes no warranty concerning goods or services purchased through the services or any transaction entered into through the service, and does not warrant the accuracy or reliability of results, data, or information obtained through the service.

Subscriber acknowledges that data or information downloaded or obtained through the services is obtained at Subscriber's sole risk and discretion, and Robotalker is not liable for damage to Subscriber or Subscriber's property. Subscriber may not rely on any representation or warranty, express or implied, made by anyone other than an authorized member of Robotalker.com LLC regarding Robotalker products and services.

Refunds are available only for the $9 package (100 units) (as of October 20, 2025), within 30 days of purchase, for unused units. Email info@robotalker.com to request a refund. Refunds take 7-10 days and are subject to a processing fee of $5 or 3%, whichever the payment provider determines is higher. No refunds are available for other packages because units never expire. No refunds are available for used units or purchases tied to policy violations.

Monthly plan refunds are reviewed case-by-case at Robotalker's discretion. Approved refunds are generally processed within 12 hours after approval. Units from other packages never expire but are not refundable. Robotalker cannot refund used units or purchases tied to policy violations.

7. Return Policy

Robotalker offers a 30-day satisfaction guarantee. If Subscriber can provide proof that (1) a call was not actually delivered but was reported as delivered and the account was debited for the call, or (2) a call was delivered more times than the phone number appeared in the call list used and the account was debited for those calls, Robotalker will credit or refund the amount pertaining to the disputed call or calls. Robotalker has 30 days from notification of the dispute to resolve it. All disputes must be in writing and emailed to info@robotalker.com.

8. Indemnification for Private LLCs, Incs, and Individuals

With a full exclusion of governmental agencies, all private entity Subscribers will indemnify and hold harmless Robotalker, its directors, officers, employees, consultants, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent act, omission, or willful misconduct by Subscriber, Subscriber's use of the services, or any breach of these Terms by a non-governmental Subscriber. This includes any violation of these Terms by Subscriber or any other person using Subscriber's account and any violation of federal, state, or local law or regulation.

9. Modification to Services

During the term of these Terms, Robotalker may modify or discontinue any or all services. Robotalker is not liable to Subscriber or any third party for modifying or terminating services. Subscriber is responsible for creating a backup copy of any important or critical information stored on the service before storing it on the Robotalker system.

10. Modification to Agreement

Robotalker may amend these Terms at any time by (1) posting a revised agreement on the Robotalker.com website and/or (2) sending information about the amendment to the email address Subscriber provides. Subscriber is responsible for regularly reviewing the Robotalker.com website to obtain timely notice of amendments. Subscriber will be deemed to have accepted amended Terms if Subscriber continues to use Robotalker services after the amended Terms are posted or notice is sent. Otherwise, these Terms may not be amended except in a writing signed by both parties.

11. Rules and Regulations

Subscriber is fully and solely liable for any prerecorded audio, voice, or text transmission sent through the service. Robotalker has no control over the content of a transmission or its destination and is not liable for that content. Subscriber may not use the services to create or distribute images, sounds, messages, or other materials that are obscene, harassing, racist, malicious, fraudulent, or libelous, or for any activity that may be considered unethical, immoral, or illegal. Subscriber must comply with all Robotalker rules, regulations, procedures, and policies and with the policies of networks connected to the services.

Subscriber is fully and solely responsible for knowing, understanding, and complying with all laws applicable to Subscriber's use of Robotalker, including the Federal Trade Commission rules, Federal Communications Commission rules, National Do Not Call Registry rules, state Do Not Call rules, the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), the Telephone Consumer Protection Act of 1991 (TCPA) at 47 U.S.C. § 227, the FCC's implementing regulations at 47 CFR § 64.1200 et seq., and any other federal, state, or local laws. Subscriber agrees not to violate these laws and represents and warrants that its use of Robotalker will not cause Robotalker to violate them.

Subscriber is fully and solely responsible for complying with the anti-solicitation provisions of the TCPA, FCC regulations, CAN-SPAM, and similar laws. Subscriber agrees that it is solely responsible for complying with laws of the state and federal government in which the services will be used. Subscriber understands that Robotalker will not be held responsible for damages to Subscriber or any third party incurred because Subscriber failed to comply with state or federal law. Subscriber may visit the FCC at fcc.gov and the FTC at ftc.gov, and should consult the appropriate state Attorney General's office for telemarketing rules applicable to Subscriber's intended use.

Currently, there are no numerical limits on the amount of transactions a Subscriber may send through the services, but Robotalker may set numerical limits by notifying Subscriber. Subscriber agrees to comply with all applicable local, state, national, and international laws and regulations and is solely responsible for all acts or omissions occurring under Subscriber's username and password, including the content of transmissions through the service.

By way of example and not limitation, Subscriber agrees not to:

• Use the service to deliver or transmit unsolicited messages, commercial or otherwise, or to send spam through automated calls.
• Create a false identity, caller ID, or forged email address, or otherwise mislead others about the identity of the sender or the origin of a message.
• Impersonate any person or entity or misrepresent an affiliation with any person or entity.
• Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmit material that infringes the intellectual property or other rights of third parties, including trademark, copyright, or rights of publicity.
• Interfere with or disrupt networks connected to the service or violate the regulations, policies, or procedures of those networks.
• Attempt to gain unauthorized access to the service, other accounts, computer systems, or networks connected to the service through password mining or any other means.
• Interfere with another member's use and enjoyment of the service or another entity's use and enjoyment of similar services.

12. Third-Party Advertiser

Subscribers may enter into transactions with advertisers on the services. Those transactions are between Subscriber and the advertiser. Robotalker has no connection with those transactions and assumes no liability for them.

13. Billing for Services

Pay-as-you-go users: Subscribers who send text messages will be billed one-half of a message unit for each 160-character segment sent. Subscribers who send phone calls will be billed one message unit for a completed call to either a live answer or voicemail. Subscribers who send a smart SMS will be billed one message unit for each smart SMS sent, regardless of the number of images or characters included.

Monthly subscription users: Subscribers prepay a fixed monthly fee for the number of distinct phone numbers that are active over the past 30 days. Subscribers are limited to four SMS jobs from their contact numbers per day and four phone call jobs from their contact numbers per day to prevent abuse. Active phone numbers are those that are visible and have been used within the past 30 days.

13A. Pricing and Transparency

Our pricing is clear: no contracts and no hidden fees. Rates start at per-call or per-text pricing with block pricing (for example, 20K units). Product details are available on our homepage, features, and pricing pages.

14. General

These Terms merge all prior written and oral communications and define the entire agreement of the parties concerning the services, except for a separately executed BAA or other written agreement. If any portion of these Terms is held illegal, void, or ineffective, the remaining portions remain in full force and effect, and the illegal, void, or ineffective provision will be construed as nearly as possible to reflect the parties' intentions. All notices under these Terms must be in writing and delivered by email.

These Terms are construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-laws provisions. Robotalker, the individual Subscriber, and, if applicable, Subscriber's company submit to the jurisdiction of the state and federal courts of Delaware, United States. Subscriber acknowledges that any breach of the ownership provisions will cause Robotalker irreparable harm, and Robotalker may obtain injunctive relief in addition to all other remedies available at law or in equity. Subscriber may not assign its rights under these Terms. These Terms bind and benefit the parties, their successors, permitted assigns, and legal representatives. Robotalker's failure to exercise a right is not a waiver of that right and does not affect the validity of these Terms. Sections 5, 6, 7, and 8 survive termination or expiration for any reason.

15. Additional Terms for Robotalker and Other Automated Calling Services

Subscriber may not transfer, port, sell, assign, or claim the right to transfer, port, sell, or assign any Robotalker user's private phone number or account. Additional call and text message charges are billed 24 hours after the charges are incurred. Excessive additional calls and text usage are subject to review by Robotalker. Robotalker may, in its sole discretion, offer an alternative service plan to prevent excessive additional usage and may place limitations on additional calls or texts. Inbound calls that result in a live call transfer are included in the cost of the outbound calls and are not charged separately unless otherwise noted.

If additional usage exceeds applicable limits, Robotalker may charge Subscriber's credit card for all outstanding charges. If a card issuer declines charges or requests return of payments previously made to Robotalker, Robotalker may terminate or suspend service without prior notice. Subscriber's account services, including custom coding, private phone numbers, toll-free numbers, and urgent alert service, may be canceled by phone notice or email cancellation request. All charges will be billed to the credit card Subscriber provided at sign-up for recurring services or the most current card provided for call units. If a card or other payment method is denied, Robotalker may discontinue service immediately. Payment must be made within one business day or service may be terminated; there is no cancellation fee. Accounts remain active, and purchased message units never expire after purchase.

16. HIPAA Compliance, PHI, and Business Associate Agreements

16.1 BAA required before PHI. Robotalker offers HIPAA-compliant automated calling and texting for healthcare organizations subject to an executed Business Associate Agreement. Subscriber may not upload, transmit, or otherwise disclose PHI to Robotalker until a BAA is fully executed and the account has been configured for HIPAA-covered communications. Any PHI sent before those conditions are met is sent without Robotalker's authorization.

16.2 Shared responsibility. HIPAA compliance is a shared responsibility. Robotalker is responsible for the safeguards and business associate obligations expressly assigned to it in the BAA. Subscriber remains responsible for determining whether a communication is permitted under HIPAA, applying the minimum necessary standard, obtaining any required patient authorization or consent, providing required notices, maintaining accurate recipient lists, honoring opt-outs and do-not-call requests, limiting workforce access, and using the service only for lawful purposes.

16.3 Permitted uses and minimum necessary. Subscriber may use Robotalker to transmit PHI only for treatment, payment, healthcare operations, or other purposes permitted by HIPAA and the BAA. Subscriber must limit each call and message to the minimum PHI reasonably necessary. Subscriber may not use Robotalker to send PHI for advertising, marketing, sale of PHI, or any other purpose not permitted by HIPAA or the BAA. Subscriber represents and warrants that it has the authority to disclose any PHI it uploads and that its instructions to Robotalker comply with applicable law.

16.4 Safeguards. Robotalker maintains administrative, technical, and physical safeguards intended to protect PHI, including encryption in transit and at rest, role-based access controls, audit logging, U.S.-based data storage, workforce access restrictions, vendor oversight, and incident response procedures. Subscriber must protect its credentials, use unique accounts for authorized users, promptly deactivate users who no longer need access, and notify Robotalker of any suspected unauthorized access or security incident. No method of transmission or storage is completely secure, and Robotalker cannot guarantee absolute security.

16.5 Breach notification. Robotalker will notify Subscriber of a breach of unsecured PHI as required by the BAA, the HITECH Act, HIPAA, and applicable law. Subscriber is responsible for making any notifications required of the covered entity, including notifications to affected individuals, HHS, and the media where applicable, unless the BAA assigns that responsibility to Robotalker. Subscriber must cooperate with Robotalker's investigation and mitigation efforts.

16.6 Subcontractors and vendors. Robotalker may use subcontractors and service providers that create, receive, maintain, or transmit PHI only as permitted by the BAA. Providers with access to PHI must be bound by written confidentiality and security obligations consistent with HIPAA, including applicable business associate terms. Robotalker remains responsible for its subcontractors' performance as required by the BAA and applicable law.

16.7 Patient communications, consent, and opt-outs. Subscriber is responsible for obtaining all consents and authorizations required by HIPAA, the TCPA, state law, and the patient's care setting. Subscriber must honor opt-outs, do-not-call requests, and revocation of consent. Subscriber should avoid including detailed PHI in standard SMS message bodies where a secure link, patient portal, or a request to contact the practice would be more appropriate. Standard SMS is not an end-to-end encrypted channel. Robotalker's platform protects data in transit and at rest, but Subscriber must determine whether a particular communication channel is appropriate for the PHI involved.

16.8 Return or destruction of PHI. At the end of the BAA, Robotalker will return or destroy PHI as the BAA requires, subject to legal retention obligations. If return or destruction is infeasible, Robotalker will extend the protections of the BAA to the retained PHI and limit further use or disclosure as required by law. Subscriber must maintain any records that HIPAA requires it to retain.

16.9 No certification; order of precedence. HHS does not certify software vendors as HIPAA compliant. Robotalker provides HIPAA-focused safeguards, documentation, and BAA support, but compliance depends on the BAA, the configuration of the service, and Subscriber's use. If these Terms conflict with the BAA concerning PHI, the BAA controls. These Terms do not create a business associate relationship where no BAA has been executed, and they do not expand Robotalker's obligations under HIPAA beyond those in the BAA.

To request a Business Associate Agreement or ask a HIPAA compliance question, email info@robotalker.com with "HIPAA BAA" in the subject line, or visit the Robotalker HIPAA portal. Include your organization name, covered-entity or business-associate status, expected use case, and legal or compliance contact.

HIPAA Terms FAQ

Does Robotalker require a BAA for PHI?

Yes. A HIPAA-covered entity or business associate must execute a Business Associate Agreement with Robotalker before sending protected health information through the service. The BAA governs permitted uses, safeguards, breach notification, subcontractors, and return or destruction of PHI.

Can Robotalker be used for HIPAA appointment reminders and patient texting?

Yes, when a BAA is in place and the account is configured for HIPAA-covered communications. The healthcare provider remains responsible for patient consent or authorization, the minimum necessary standard, accurate recipient lists, opt-out handling, and the content of each message.

Who is responsible for HIPAA compliance when using Robotalker?

HIPAA compliance is a shared responsibility. Robotalker provides safeguards, audit logging, encryption, U.S.-based data storage, and BAA commitments. The covered entity or business associate is responsible for lawful use, minimum necessary disclosures, patient rights, consent, opt-outs, workforce access, and configuring the service appropriately.

Is standard SMS appropriate for protected health information?

Standard SMS is not an end-to-end encrypted channel. Robotalker protects platform data in transit and at rest, but subscribers should limit PHI in message bodies, use the minimum necessary standard, and direct patients to a secure portal or the practice when detailed health information is needed.

Is Robotalker certified by HHS as HIPAA compliant?

HHS does not certify software vendors as HIPAA compliant. Robotalker provides HIPAA-focused safeguards, documentation, and Business Associate Agreements, but compliance depends on how a covered entity or business associate configures and uses the service.

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