Terms of Service

These Terms govern your use of Wellspring, provided by Wellspring Scheduling Ltd (company number 15585434, registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF). By creating an account or using the service, you agree to these Terms. If you use Wellspring on behalf of a practice, you confirm you have authority to bind that practice.

1. The service

Wellspring is practice-management software for scheduling, client records, invoicing, online booking, classes and related tools. We may add, change or remove features to improve the service.

2. Accounts

• You must provide accurate details and keep your login credentials secure.
• You are responsible for activity under your account and for your staff users’ use of the service.
• You must be legally able to enter into these Terms.

3. Free trial & subscriptions

• New accounts get a 30-day free trial with no card required.
• After the trial, continued use requires a paid subscription billed monthly in advance via our payment provider.
• Your plan sets limits (e.g. practitioners, locations and file storage). Optional add-ons (such as storage packs and SMS credits) are billed in addition to your plan. If a storage allowance is reached, new uploads pause until space is freed or an add-on is purchased — stored data is never deleted for this reason. Fees may change on reasonable notice.
• You can cancel anytime; cancellation stops future renewals. Except where required by law, fees already paid are non-refundable.
• If a subscription payment fails, we notify you and payment is retried automatically. Full access continues for a grace period (currently 7 days); after that, certain features (such as online booking and creating new appointments) may be paused until payment is collected. You always retain access to your account, your client records and your billing settings. Continued non-payment may result in cancellation under section 13.

4. Your data & your clients

You retain ownership of the data you put into Wellspring. Where that data is personal data about your clients, you are the data controller and we process it as your processor under our Data Processing Agreement, which forms part of these Terms. You are responsible for having a lawful basis to collect and use your clients’ data, including any health information, and for your own privacy notices to them.

Consent forms may be signed by someone other than the client — for example a parent or guardian — by ticking “I am signing on behalf of someone else” and entering the signer’s name. Wellspring does not provide a minor flag or a guardian-routing workflow. Clinics treating under-18s remain responsible for obtaining any parental or guardian consent required in their jurisdiction and for verifying that whoever signs has the authority to do so. We do not manage or verify this for you.

5. US clinics & health insurance billing

If you are based in the United States, Wellspring is currently available to you only if you do not bill health insurers for services you record in Wellspring — for example, where your clients pay you directly. This is because a clinic that bills insurers is very likely a “covered entity” under HIPAA, and software that handles that clinic’s patient records on its behalf would need a signed Business Associate Agreement (BAA) and would need to meet HIPAA’s specific security and breach-notification requirements. We have not put that in place yet. By using Wellspring as a US-based practice, you confirm you do not bill health insurers for services you record in Wellspring, and that you will tell us before that changes. If you need HIPAA-covered functionality, contact us at help@wellspringscheduling.com — this restriction may be lifted for specific accounts once a signed BAA and the supporting infrastructure are in place.

6. Acceptable use

You agree not to:

• break the law or infringe others’ rights;
• upload malicious code or attempt to disrupt or gain unauthorised access to the service;
• send unlawful, misleading or unsolicited communications through the service; or
• resell or misrepresent the service.

7. Payments

Two different payment relationships exist in Wellspring, and it matters which one applies:

• Your subscription to us — billed as set out in section 3, via our platform payment provider.
• Payments you collect from your clients — if you enable online payments (e.g. Stripe, PayPal, Square), you connect your own account with that provider, and payments flow directly between you and your client under that provider’s terms. We are not a party to those transactions, do not hold or have access to your clients’ funds, and are not a payment facilitator, merchant of record or money transmitter for them. You are responsible for that provider’s fees, for refunds and chargebacks, for complying with card-network rules, and for your own tax and accounting obligations on amounts you collect.

8. Client communications

Wellspring can send appointment confirmations and reminders, and — if you choose to use it — marketing messages, to your clients by email and SMS on your instruction (using our sub-processors listed in our Privacy Policy). You are responsible for having any consent or other lawful basis required before sending automated or marketing communications to your clients, and for complying with applicable telecoms and marketing law in your jurisdiction (for example UK/EU PECR, US TCPA/CAN-SPAM, Canada’s CASL, or Australia’s Spam Act). Wellspring records each client’s marketing permission, adds an unsubscribe link to every marketing message, and will not send marketing to a client who has not given permission or who has unsubscribed. You remain the sender of record, and you are responsible for asking your clients for that permission when you take their details, and for the content, timing and recipients of the messages you configure.

9. Integrations, embeds & the Wellspring API

• Third-party integrations (currently Xero and Twilio; we may add further accounting, calendar, marketing or clinical-tool integrations over time) are connected at your choice and governed by that third party’s own terms. You are responsible for having a lawful basis to share your clients’ data with any integration you enable, and we are not responsible for that third party’s acts or omissions once data reaches them.
• Booking links and embeds — you may place a Wellspring booking link, button or embedded booking widget on your own website. You must not present it in a way that misleads your clients about who they are booking with or who is responsible for their data.
• API keys — if you generate a Wellspring API key to let a partner tool access your client data, you are responsible for keeping that key secure, for the partner’s use of the data it retrieves, and for revoking the key promptly if it is lost or compromised. Reasonable rate limits and fair-use restrictions apply, and we may suspend a key that is abused or that puts the security or availability of the service at risk.

10. Availability

We work hard to keep Wellspring available but do not guarantee uninterrupted service. We may carry out maintenance and may suspend access where necessary for security or legal reasons.

11. Intellectual property

We and our licensors own the software and all related IP. We grant you a non-exclusive, non-transferable right to use the service during your subscription. You must not copy, reverse-engineer or resell it.

12. Liability

Nothing in these Terms limits liability that cannot be limited by law. Subject to that, we are not liable for indirect or consequential loss, or loss of profit, revenue or data, and our total liability in any 12-month period is limited to the fees you paid in that period. The service is provided “as is” to the extent permitted by law.

13. Suspension & termination

You can close your account at any time. We may suspend or terminate access for material breach, non-payment, or legal reasons. On termination you can export your data for a reasonable period, after which we may delete it per our policies.

14. Governing law

These Terms are governed by the laws of England & Wales, and its courts have exclusive jurisdiction, unless local mandatory law provides otherwise.

15. Contact

Questions about these Terms? Email help@wellspringscheduling.com.