Last Updated: October 7, 2026
This Instapaytient Services Agreement ("Agreement") governs access to and use of the services provided by Instapaytient, Inc., a Delaware corporation ("Instapaytient," "we," "us," or "our"), by the business or organization accepting this Agreement ("Practice").
By accepting this Agreement electronically, executing an Order Form, or using the Services, the Practice agrees to be bound by this Agreement.
The individual accepting this Agreement represents that they have authority to bind the Practice.
This Agreement governs the Practice's use of Instapaytient.
Specific commercial terms, including the selected plan, activation fee, recurring fees, transaction or financing-related fees, commitment period, locations, and other applicable charges or terms, are identified in the Practice's enrollment form, order form, proposal, or other ordering document accepted by Instapaytient ("PLAN").
Each Order Form is incorporated into this Agreement.
The following may also form part of the parties' agreement where applicable:
If there is a conflict between documents, the applicable Order Form will control with respect to pricing and specific commercial terms, the Business Associate Agreement will control with respect to matters concerning Protected Health Information addressed by that agreement, and this Agreement will otherwise control unless expressly stated otherwise.
Instapaytient provides technology designed to help healthcare and elective-service practices engage prospective and existing patients, present information about treatments and services, communicate affordability and financing options, facilitate patient actions, and manage related interactions.
Depending on the Practice's selected services, functionality may include artificial intelligence, hosted patient experiences, website integrations, treatment and service information, financing functionality, payment functionality, communications, patient engagement tools, analytics, administrative tools, and other features made available by Instapaytient.
The specific functionality available to the Practice may depend on its selected plan, configuration, integrations, third-party providers, eligibility, and geographic availability.
Instapaytient may perform implementation and activation services that include account configuration, website or content review, treatment or service configuration, financing setup, integrations, AI configuration, training, testing, and launch support.
The Practice agrees to reasonably cooperate with implementation and provide information, access, approvals, materials, and personnel reasonably necessary to complete activation.
Implementation timing may depend on the Practice's responsiveness and third-party services.
Unless otherwise stated in the applicable Order Form, activation or implementation fees become non-refundable once Instapaytient begins implementation work.
Delays caused by the Practice do not relieve the Practice of payment obligations under an Order Form.
The Practice agrees to pay all fees specified in its applicable Order Form.
Fees may include activation fees, recurring platform fees, transaction fees, financing-related fees, usage-based charges, location fees, implementation fees, or other charges associated with the selected Services.
Unless otherwise stated in an Order Form, fees are stated in U.S. dollars.
The Practice authorizes Instapaytient and its payment providers to charge the payment method provided by the Practice for amounts due under this Agreement and applicable Order Forms.
The Practice will maintain valid and current billing information.
Except as expressly provided in this Agreement or an Order Form, amounts paid are non-refundable.
Fees do not include taxes imposed by a governmental authority unless expressly stated otherwise.
The Practice is responsible for applicable sales, use, excise, value-added, or similar taxes arising from its purchase of the Services, excluding taxes based on Instapaytient's net income.
If a payment fails or becomes past due, Instapaytient may attempt to process the payment method on file again and may request an updated payment method.
Instapaytient may suspend or restrict access to some or all Services for materially past-due amounts after reasonable notice, except where prohibited by applicable law.
The Practice remains responsible for fees properly incurred before suspension or termination.
The initial commitment period and any renewal terms are specified in the applicable Order Form.
Unless otherwise stated in the Order Form, the Agreement remains in effect while the Practice maintains an active subscription or continues using Services subject to this Agreement.
Cancellation, opt-out, or non-renewal rights will be governed by the applicable Order Form.
Notice of cancellation does not eliminate fees or transaction obligations incurred before the effective date of cancellation.
Instapaytient may enable the Practice to present or facilitate access to financing products offered by independent third-party financing providers.
Unless expressly identified otherwise, Instapaytient is not the lender, creditor, or issuer of the financing product.
Credit decisions, approval amounts, financing terms, annual percentage rates, eligibility requirements, underwriting standards, repayment terms, and other financing decisions are determined by the applicable financing provider.
Instapaytient does not guarantee that any patient will qualify for financing or receive a particular financing amount or financing term.
Third-party financing providers may modify their products, underwriting requirements, pricing, availability, eligibility criteria, or other terms.
The Practice agrees to comply with applicable requirements communicated in connection with financing products offered through the Services.
Certain Services may enable payment or transaction functionality through third-party payment providers.
Payment processing may be subject to additional terms imposed by the applicable provider.
The Practice is responsible for refunds, disputes, chargebacks, or other transaction obligations allocated to the Practice under the applicable payment provider's terms or the Practice's Order Form.
Instapaytient may deduct or collect amounts owed in connection with transactions where authorized by the applicable agreements.
The Practice is responsible for:
The Practice will promptly notify Instapaytient if it becomes aware of unauthorized access to its account.
The Practice will not use the Services to:
Instapaytient may investigate suspected violations and take reasonable steps to protect the Services and affected parties.
Certain Services use generative artificial intelligence.
Use of Instapaytient AI is subject to the Instapaytient AI Terms, which are incorporated into this Agreement when the Practice uses AI functionality.
The Instapaytient AI Terms address, among other things, AI-generated responses, intended use, clinical boundaries, Practice information, website content, patient information, human oversight, and third-party AI technology.
Each party will comply with privacy and data-protection laws applicable to its respective activities under this Agreement.
Where Instapaytient creates, receives, maintains, or transmits Protected Health Information on behalf of the Practice in circumstances requiring a Business Associate Agreement under applicable law, the parties will enter into a Business Associate Agreement.
Where a Business Associate Agreement is in effect, the Business Associate Agreement governs the parties' obligations concerning Protected Health Information to the extent addressed by that agreement.
The Practice will not require Instapaytient to use patient information in a manner inconsistent with applicable law or an applicable Business Associate Agreement.
Instapaytient will maintain administrative, technical, and organizational safeguards designed to protect information processed through the Services consistent with Instapaytient's applicable contractual and legal obligations.
No technology system can guarantee absolute security. The Practice is responsible for maintaining reasonable security over its own systems, devices, accounts, credentials, and personnel.
Each party will reasonably cooperate with the other regarding confirmed security incidents affecting information subject to this Agreement where cooperation is required by applicable law or contract.
"Practice Content" means information, materials, branding, documents, images, treatment information, pricing, policies, website content, and other materials supplied, published, or authorized by the Practice for use with the Services.
The Practice retains its ownership rights in Practice Content.
The Practice grants Instapaytient a non-exclusive, worldwide license during the term of the applicable Services to host, reproduce, process, display, modify as technically necessary, index, and otherwise use Practice Content as reasonably necessary to provide, maintain, secure, and support the Services.
The Practice represents that it has sufficient rights to provide Practice Content and grant this license.
Instapaytient and its licensors retain all right, title, and interest in the Services and underlying technology, including software, interfaces, workflows, designs, systems, models, configurations, documentation, APIs, methodologies, and improvements.
Except for the limited right to use the Services under this Agreement, no intellectual property rights are transferred to the Practice.
The Practice may not remove proprietary notices or represent Instapaytient technology as its own.
If the Practice provides suggestions, ideas, recommendations, or other feedback concerning the Services, Instapaytient may use that feedback to develop, improve, or operate its products and services without restriction or compensation, provided such use does not identify the Practice or disclose its Confidential Information without authorization.
Subject to applicable law and any applicable Business Associate Agreement, Instapaytient may create and use aggregated, statistical, or de-identified information derived from use of the Services for purposes including analytics, security, product development, service improvement, benchmarking, business operations, and understanding platform performance.
Such information will not be used in a manner that identifies an individual patient.
Instapaytient will not publicly identify the Practice through aggregated or de-identified information without authorization.
"Confidential Information" means non-public information disclosed by one party to the other that reasonably should be understood to be confidential given its nature or the circumstances of disclosure.
Each party will use the other party's Confidential Information only as necessary to perform or exercise its rights under this Agreement and will protect it using reasonable care.
Confidential Information does not include information that:
A party may disclose Confidential Information when required by law, subpoena, or court order, subject to legally permitted notice to the other party.
The Services may interact with or rely upon third-party providers, including financing providers, payment processors, artificial intelligence providers, communications providers, hosting providers, data providers, and other technology services.
Instapaytient may add, replace, or discontinue third-party providers as the platform evolves.
Instapaytient is not responsible for outages, changes, acts, or omissions of independent third-party services outside Instapaytient's reasonable control, but will use commercially reasonable efforts to maintain the functionality of the Services.
The Practice may be required to agree to separate third-party terms to use certain functionality.
Instapaytient may update, enhance, modify, replace, or discontinue features of the Services as the platform evolves.
Instapaytient will not intentionally materially reduce the core functionality of a paid Service during an active commitment period without providing a commercially reasonable alternative, except where a change is required for security, legal, regulatory, or third-party-provider reasons.
Instapaytient does not guarantee uninterrupted or error-free availability unless an applicable Order Form expressly provides a service-level commitment.
The Services may occasionally be unavailable because of maintenance, updates, internet conditions, third-party systems, security events, or circumstances outside Instapaytient's reasonable control.
Instapaytient will provide reasonable support for the Services in accordance with the support practices associated with the Practice's selected plan.
Unless expressly stated in an Order Form, support does not include guaranteed response times, custom development, or dedicated technical personnel.
Each party represents that it has the authority to enter into this Agreement.
Instapaytient represents that it will provide the Services in a professional manner consistent with generally accepted industry practices applicable to comparable technology services.
The Practice represents that its use of the Services and Practice Content will comply with applicable law and will not knowingly violate third-party rights.
Except for express warranties contained in this Agreement, the Services are provided on an "as available" basis to the maximum extent permitted by applicable law.
Instapaytient does not guarantee:
Nothing in this section limits obligations expressly undertaken by Instapaytient under this Agreement, the Instapaytient AI Terms, or an applicable Business Associate Agreement.
The Practice will defend, indemnify, and hold harmless Instapaytient and its officers, directors, employees, and agents from third-party claims arising from:
Instapaytient will defend and indemnify the Practice against third-party claims alleging that the Instapaytient technology, when used as authorized under this Agreement, infringes a United States intellectual property right.
Instapaytient will have no obligation under this section to the extent a claim results from Practice Content, unauthorized modifications, combination with technology not supplied or authorized by Instapaytient, or use contrary to this Agreement.
The indemnified party will provide reasonably prompt notice and reasonable cooperation concerning an indemnified claim.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES ARISING FROM THIS AGREEMENT, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.
EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED AND ANY ADDITIONAL EXCEPTIONS EXPRESSLY PROVIDED IN AN APPLICABLE ORDER FORM OR BUSINESS ASSOCIATE AGREEMENT, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE PRACTICE TO INSTAPAYTIENT UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this section apply to the maximum extent permitted by applicable law regardless of the legal theory upon which a claim is based.
Instapaytient may suspend access to all or part of the Services where reasonably necessary because of:
Where reasonably practicable, Instapaytient will provide notice and an opportunity to resolve the issue before suspension.
Either party may terminate this Agreement or an affected Order Form if the other party materially breaches its obligations and fails to cure the breach within thirty (30) days after written notice describing the breach.
A party may terminate immediately where continued performance would violate applicable law or where the other party becomes insolvent, ceases business operations, or enters bankruptcy or similar proceedings, subject to applicable law.
Upon termination:
Unless the Practice notifies Instapaytient otherwise in writing, Instapaytient may identify the Practice as an Instapaytient customer and display the Practice's name and logo in customer lists, presentations, and similar marketing materials.
Use of testimonials, detailed case studies, patient information, specific financial performance, or non-public Practice information requires appropriate authorization.
Neither party acquires ownership of the other party's trademarks.
Each party is responsible for compliance with laws and regulations applicable to its respective activities under this Agreement.
The Practice remains responsible for laws, professional requirements, licenses, and standards applicable to the healthcare or other professional services it provides.
Instapaytient remains responsible for laws applicable to its provision of the Services.
The Practice agrees that electronic acceptance of this Agreement, an Order Form, the Instapaytient AI Terms, and any other agreement presented through Instapaytient's digital enrollment process has the same legal effect as signing a written agreement by hand.
By selecting an "I Agree," "Accept," "Enroll," "Submit," or similar button or checkbox indicating acceptance, the Practice intends to electronically sign and be legally bound by the applicable agreement.
The individual completing the enrollment represents and warrants that they are authorized to enter into the applicable agreements on behalf of the Practice.
The Practice agrees that Instapaytient may create and maintain electronic records relating to enrollment and acceptance, including the signer's name, email address, date and time of acceptance, Internet Protocol (IP) address, device or browser information, the version of the agreement accepted, and other reasonably available technical or transaction records associated with the enrollment.
The parties agree that such electronic records may be used to establish the existence, authenticity, acceptance, and terms of the parties' agreement to the extent permitted by applicable law.
The Practice consents to receiving agreements, disclosures, notices, invoices, and other records relating to the Services electronically.
The parties are independent contractors.
Nothing in this Agreement creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency between the parties.
Neither party may bind the other except as expressly authorized in writing.
The Practice may not assign this Agreement without Instapaytient's prior written consent, except in connection with a merger, reorganization, sale of substantially all assets, or similar transaction involving the Practice, provided the successor assumes the Practice's obligations under this Agreement.
Instapaytient may assign this Agreement in connection with a merger, corporate reorganization, financing, acquisition, sale of substantially all of its assets or business, or similar corporate transaction.
Any other assignment will be subject to applicable law.
Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, acts of government, labor disruptions, internet or telecommunications failures, widespread cloud infrastructure failures, war, terrorism, civil unrest, epidemics, or failures of critical third-party infrastructure.
This section does not excuse payment obligations for Services already provided.
Legal notices under this Agreement must be provided electronically or in writing using the contact information associated with the Practice's account or other contact information designated by either party.
Notices to Instapaytient may be sent to the legal or business contact designated by Instapaytient on its website or Order Form.
Routine operational communications, product notices, billing communications, and support messages may be delivered electronically.
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
Any dispute arising from this Agreement will be brought in the state or federal courts having jurisdiction over the applicable dispute, subject to any separate dispute-resolution provision agreed to by the parties.
Each party consents to the jurisdiction of those courts to the extent permitted by applicable law.
Instapaytient may update this Agreement from time to time to reflect changes in the Services, law, security requirements, or business operations.
For material changes affecting an active Practice's contractual rights or obligations, Instapaytient will provide reasonable notice.
Changes will not retroactively alter amounts already owed or materially reduce rights applicable to an existing commitment period unless required by law or agreed by the Practice.
This Agreement, together with applicable Order Forms, the Instapaytient AI Terms, any applicable Business Associate Agreement, and other expressly incorporated terms, constitutes the entire agreement between the parties concerning the Services and supersedes prior or contemporaneous discussions, proposals, or representations concerning the same subject matter.
Neither party is relying on a representation not contained in the applicable agreements.
Failure to enforce a provision of this Agreement does not waive the right to enforce it later.
If any provision is determined to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable where permitted by law, and the remaining provisions will continue in effect.
Section headings are provided for convenience and do not affect interpretation.
Words such as "including" mean "including without limitation" unless the context requires otherwise.
References to applicable law include applicable amendments and successor provisions.
Provisions concerning payment obligations, intellectual property, confidentiality, aggregated or de-identified information, disclaimers, indemnification, limitation of liability, termination consequences, and other provisions that by their nature should continue will survive termination of this Agreement.
By electronically accepting this Agreement, the Practice confirms that:
(a) it has reviewed and agrees to the Instapaytient Services Agreement;
(b) the individual accepting the Agreement is authorized to bind the Practice; and
(c) the Practice agrees to the commercial terms presented in its applicable Order Form.