Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Atma Technologies ("NeverSleep AI," "we," "us," or "our") through the neversleepai.io website and the NeverSleep AI platform. By using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Service Description

NeverSleep AI provides an AI-powered virtual employee platform designed exclusively for dental practices. Our services include, but are not limited to:

• 24/7 AI call answering and missed call text-back
• Automated lead follow-up and appointment booking
• Automated review generation and reputation management
• Google Business Profile management
• Website creation and maintenance
• Social media content and posting
• Monthly performance reporting

All services are fully managed by our team. You are not required to operate any software yourself.

2. Subscription and Payment Terms

Pricing

• Monthly subscription: $1,000/month — covers all AI Employee services including onboarding, AI configuration, website build, and integration setup.
• Commitment: 6-month initial commitment. Month-to-month after the initial period.

Billing

Monthly subscription fees are billed on the same date each month, beginning when your AI Employee goes live. The initial 6-month commitment period begins on your first billing date. All fees are in US dollars. Payments are processed through our PCI-compliant payment processor.

Cancellation

After your initial 6-month commitment, you may cancel your subscription at any time with 30 days written notice. Upon cancellation, you retain access to your services through the end of your current billing period.

3. Service Guarantees

We stand behind our services with the following guarantees:

Guarantees require active participation during the measurement period, including maintaining an operational phone line and responding to AI-routed patient inquiries in a timely manner.

4. Acceptable Use

You agree not to use our services to:

• Violate any applicable local, state, federal, or international law or regulation
• Transmit false, misleading, or deceptive information to patients
• Interfere with or disrupt the integrity of our platform or services
• Attempt to gain unauthorized access to our systems or other users' data
• Use the platform for any purpose other than operating a legitimate dental practice
• Resell, sublicense, or redistribute our services without written permission

We reserve the right to suspend or terminate your account for violations of this section, with or without notice.

5. Intellectual Property

All technology, software, AI models, branding, and content created by NeverSleep AI remain the intellectual property of Atma Technologies. You retain ownership of your practice data, patient information, and any content you provide to us.

Website content and designs created for your practice during the course of service are licensed to you for use during your active subscription. Upon cancellation, you may request an export of website content within 30 days.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

• NeverSleep AI and Atma Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profit, patients, or data, arising from your use of our services.
• Our total aggregate liability for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.
• We do not guarantee specific patient volumes, revenue increases, or business outcomes beyond the explicit guarantees stated in Section 3.
• Our AI Employee is a tool to assist your practice. It does not replace professional medical judgment. We are not responsible for clinical decisions made by your practice.

7. HIPAA and Business Associate Agreement

As a service provider that may access or process protected health information (PHI) on behalf of dental practices, NeverSleep AI operates as a Business Associate under HIPAA.

• A signed Business Associate Agreement (BAA) is executed with every dental practice client prior to the start of services.
• We maintain administrative, physical, and technical safeguards to protect PHI in accordance with HIPAA requirements.
• All data is encrypted in transit (TLS 1.2+) and at rest (AES-256).
• You remain responsible for ensuring your own HIPAA compliance as a Covered Entity.

To request a copy of our BAA, contact us at hello@neversleepai.io.

8. Indemnification

You agree to indemnify, defend, and hold harmless Atma Technologies, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of our services, your violation of these Terms, or your violation of any third-party rights.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall first be resolved through good-faith negotiation. If the parties are unable to resolve the dispute within 30 days, either party may pursue binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to take place in the State of Delaware.

10. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to active subscribers via email at least 30 days before taking effect. Continued use of our services after the effective date of changes constitutes your acceptance of the updated Terms.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12. Contact Us

If you have questions about these Terms, please contact us: