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Terms of Service

Effective date: 13/05/2026

These Terms govern your use of MSK Software, a cloud-based platform operated by MSK Software Ltd  (company number 16710022, registered office: 6 The Crescent Ottery St Mary Devon UK EX11 1US) — referred to here as “we”, “us”, or “MSK Software”.

By creating an account, subscribing, or using the Service, you agree to these Terms. If you don’t agree, please don’t use the Service.

1. Who can use the Service

The Service is intended for UK-registered musculoskeletal healthcare businesses — physiotherapy, osteopathy, chiropractic and podiatry clinics — and the people they authorise to use it. You confirm that:

  • You are at least 18 years old and authorised to enter into a contract on behalf of the business subscribing
  • The business subscribing is a UK-registered entity (or sole trader with UK residence)
  • All information you provide is accurate and kept up to date

2. What the Service does

MSK Software provides a suite of tools for running an MSK clinic, currently including: a clinic portal, AI-assisted clinical note capture, stock control, payroll support, compliance tracking, task management, and the Communications Agent — an AI receptionist that handles patient messages across email, SMS, WhatsApp, Facebook Messenger, Instagram DMs and a web chat widget. The scope of the Service available to you depends on your subscription tier.

3. Your account and access

  • You are responsible for keeping your login credentials confidential. Anyone using your credentials is treated as acting with your authority.
  • You are responsible for the actions of the users you invite to your organisation’s account.
  • You must notify us promptly if you suspect unauthorised access.

4. Acceptable use

You agree not to:

  • Use the Service for any unlawful purpose, including sending unsolicited marketing messages (“spam”), political campaigning, or any content that breaches UK consumer protection, advertising or telecoms law
  • Upload or transmit malicious code, or attempt to probe, scan or penetrate the Service
  • Circumvent or interfere with any security, rate-limiting or billing controls
  • Use the Communications Agent to impersonate another person or business, to provide clinical diagnoses, to send regulated financial, gambling or adult content, or for any activity that would threaten the reputation or telecoms provider relationships (e.g. Twilio, Meta) of MSK Software
  • Resell, sub-license or redistribute the Service without our written permission

We operate per-channel and per-account limits that protect all our customers from abuse. Breach of this section may result in immediate suspension of your account pending investigation.

5. Your data, your patients

You remain the data controller for your patients’ personal data. We process it on your behalf as a data processor under a Data Processing Agreement that forms part of these Terms (see our Privacy Policy). You are responsible for the lawful basis you rely on, for the content of messages your staff send, and for obtaining appropriate consent from your patients.

You grant us a non-exclusive licence to host, transmit, process and display your data strictly for the purpose of providing the Service.

6. Third-party services

To provide the Service we rely on third-party providers — including Cliniko (your clinic management system), Anthropic (the AI model behind the Communications Agent), Meta (Facebook, Instagram, WhatsApp), Twilio (SMS), Migadu (email), Stripe (billing), and AWS (infrastructure). Your use of the Service is conditional on you also accepting the terms of the third-party services you actively use — for example, if you connect Facebook Messenger, Meta’s own platform terms apply to that integration.

We take reasonable care in selecting and overseeing our processors but cannot guarantee their uptime.

7. Fees and billing

  • Subscription fees are set out on our pricing page and in your subscription confirmation. Fees are billed monthly or annually in advance via Stripe.
  • Channel add-ons — certain channels (currently SMS and WhatsApp) carry a recurring Twilio rental fee and per-message usage fees, which we pass through transparently on your MSK Software invoice.
  • VAT is charged at the rate applicable at the time of invoice. Fees are otherwise non-refundable except as required by law.
  • We may change fees with at least 30 days’ written notice. If you don’t accept the change, you may terminate per §9 before the new fee takes effect.

8. Phone numbers and porting

Where we provide a telephone number (SMS/WhatsApp) as part of your subscription, that number is registered under our Twilio master account for the duration of the subscription. On termination, we will cooperate at no charge with any reasonable request to port the number to a provider of your choice, within 10 UK working days of receiving a completed Letter of Authorisation, subject to the receiving carrier’s cooperation.

9. Term, termination and suspension

  • Either party may terminate the subscription on 30 days’ written notice, effective at the end of the next billing period.
  • We may suspend or terminate immediately if you materially breach these Terms (particularly §4 — Acceptable Use) or become insolvent.
  • On termination: we will retain your data for 30 days in case you change your mind, after which we will securely delete or anonymise it (subject to retention periods required by law — see the Privacy Policy).

10. Service availability

We aim for high availability but do not guarantee a specific uptime. We carry out scheduled maintenance and may need to take parts of the Service offline briefly for upgrades. We will give reasonable notice for any planned maintenance and will investigate any material unplanned outage.

11. Intellectual property

The software, design, logos, content and documentation that make up MSK Software are owned by MSK Software Ltd or its licensors. These Terms grant you a limited, non-transferable, non-exclusive licence to use the Service for your internal business purposes — nothing more. You retain ownership of your own data.

12. Warranties and liability

We provide the Service with reasonable skill and care. Except as required by law, the Service is provided “as is” and we disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Our total liability to you in any 12-month period is limited to the fees you actually paid us in that period. We will not be liable for indirect or consequential losses, loss of profits, loss of business, loss of goodwill, or loss of anticipated savings — except for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be limited under English law

Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 if you are a consumer (though the Service is intended for business use).

13. Changes to these Terms

We may update these Terms from time to time. For material changes we will notify clinic customers by email at least 30 days before the change takes effect, and update this page. Continued use after the effective date means you accept the updated Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute is subject to the exclusive jurisdiction of the courts of England and Wales, except that either party may seek urgent injunctive relief in any competent court.

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