Terms of Use

These Terms of Use (“Terms”) govern access to and use of the NeonData platform, including the NEON EMR + Aesthetics Ops, EMR MCP, and Shared IQ MCP products (together, the “Service”), provided by NeonData LLC (“NeonData,” “we,” “us”). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, where applicable, the clinic or business you represent (“Customer”).

1. Eligibility & Account Registration

The Service is intended for licensed medical spas, aesthetic practices, and related businesses, and the individuals authorized by them. You must provide accurate registration information and are responsible for activity that occurs under your credentials.

2. Subscription, Fees & Payment

Access to the Service is provided on a subscription basis as set out in your order form. Fees are billed in advance and are non-refundable except as required by law or expressly stated in your agreement with NeonData.

3. Acceptable Use

• Use the Service only for lawful business purposes connected to operating a medical spa or aesthetic practice.
• Do not attempt to reverse-engineer, resell, or provide unauthorized third parties access to the Service.
• Do not use the Service to store or transmit content you do not have the right to use.

4. Patient Data & HIPAA

Where Customer uses the Service to create, receive, maintain, or transmit protected health information, that use is governed by a Business Associate Agreement (“BAA”) between NeonData and Customer. Customer remains responsible for its own compliance obligations as a covered entity or business associate under HIPAA and applicable state law.

5. Your Own AI Seats & MCP Access (EMR MCP, Shared IQ MCP)

EMR MCP and Shared IQ MCP allow Customer to connect a third-party AI seat (for example, a Claude or ChatGPT account that Customer separately licenses) to the Service under role-based permissions configured by Customer. NeonData is not responsible for the third-party AI provider’s own terms, availability, or output. Customer is responsible for the permission scopes it assigns to each connected seat and for reviewing AI-suggested actions before they are treated as final where NeonData indicates human review is required.

6. Intellectual Property

NeonData retains all rights, title, and interest in the Service, including its software, design, and documentation. Customer retains all rights to its own data, including patient records, entered into the Service.

7. Disclaimers & Limitation of Liability

The Service is provided “as is.” The Service supports clinical documentation and business operations but does not replace clinical judgment. To the maximum extent permitted by law, NeonData’s aggregate liability arising out of these Terms is limited to the fees paid by Customer in the twelve months preceding the claim.

8. Termination

Either party may terminate for material breach not cured within thirty days of written notice. Upon termination, NeonData will make Customer data available for export for a reasonable period as described in your order form.

9. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Pima County, Arizona.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-product notice before taking effect.

11. Contact

Questions about these Terms can be sent to legal@neondata.co.

12. Text Messaging (SMS) Terms

NeonData EMR includes a patient communications feature through which participating clinics send text messages to their patients, such as appointment reminders, confirmations, and other care-related notifications. If you opt in to receive text messages from a clinic that uses NeonData, the following terms apply:

• Consent. You will only receive messages if you provided your phone number and agreed to receive text messages, either directly to the clinic or through its booking and intake process. Consent to receive text messages is not a condition of purchasing any goods or services or of receiving treatment.
• Message frequency varies based on your appointments and interactions with the clinic.
• Message and data rates may apply. Any such charges are billed by your mobile carrier.
• Opt out at any time by replying STOP to any message. You will receive one final message confirming your opt-out, after which no further messages will be sent to your number. You may also ask the clinic directly to remove your number.
• Help. Reply HELP to any message for assistance, contact the clinic that sends your messages, or email legal@neondata.co.
• Carrier liability. Mobile carriers are not liable for delayed or undelivered messages.

How mobile information is collected, used, and protected is described in Section 12 of our Privacy Policy, including our commitment that mobile information is never shared with third parties for marketing purposes.