Terms of Service

Effective date: April 26, 2026 Last updated: April 26, 2026

These Terms of Service ("Terms") govern your use of the services offered by SkyHealth Media, LLC ("SkyHealth," "we," "us," or "our") through skyhealthmedia.com (the "Site") and any related applications, platforms, dashboards, or APIs we make available (collectively, the "Services").

By accessing or using the Services, you ("Client" or "you") agree to be bound by these Terms. If you do not agree, do not use the Services.

1. About the Services

SkyHealth provides digital marketing and analytics services to healthcare practices, physicians, and related organizations. Services may include:

  • Website analytics consolidation and reporting (Google Analytics 4)
  • Social media analytics and reporting (Instagram, Facebook, TikTok, and similar platforms)
  • Content production, posting, and social media management
  • Search engine optimization, paid media, and conversion optimization
  • Strategic consulting and creative services

Some Services rely on third-party platforms (Google, Meta, TikTok, and others). Use of those third-party platforms is also governed by each platform's own terms.

2. Eligibility and Accounts

To use the Services, you must:

  • Be a business, healthcare practice, physician, or authorized representative thereof;
  • Be at least 18 years of age;
  • Have the legal authority to enter into these Terms on behalf of the entity you represent;
  • Provide accurate, current, and complete information when requested.

You are responsible for maintaining the confidentiality of any login credentials and for all activity that occurs under your account.

3. Authorization to Access Third-Party Platforms

To deliver the Services, you may grant SkyHealth permission to access analytics and content on third-party platforms on your behalf, including but not limited to:

  • Google Analytics (GA4) properties
  • Meta (Facebook and Instagram) Pages and accounts
  • TikTok business accounts
  • Google Ads, Meta Ads, TikTok Ads, and similar advertising platforms

You represent and warrant that:

  • You own or are otherwise authorized to grant access to each connected account;
  • You will promptly notify us if any authorization is revoked or any account is closed;
  • You will not connect accounts that contain data you are not authorized to share with SkyHealth.

SkyHealth uses these authorizations solely to provide the Services to you and does not access these accounts for any other purpose.

4. Fees and Payment

Fees, billing cadence, and engagement scope are set out in a separate written agreement, statement of work, or invoice between you and SkyHealth. Unless otherwise agreed in writing:

  • Invoices are due net 30 days from the invoice date;
  • Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law;
  • All fees are non-refundable except where required by law.

5. Client Content and Data

You retain all rights, title, and interest in any data, content, or materials you provide to SkyHealth or that SkyHealth retrieves from third-party platforms on your behalf ("Client Data").

You grant SkyHealth a limited, non-exclusive, royalty-free license to use, store, and process Client Data solely for the purpose of providing the Services.

We will handle Client Data in accordance with our Privacy Policy.

6. SkyHealth Materials

All software, dashboards, templates, reports, methodologies, and documentation created or used by SkyHealth in delivering the Services ("SkyHealth Materials") remain the property of SkyHealth. We grant you a limited, non-exclusive, non-transferable license to use deliverables provided to you for your internal business purposes.

You may not:

  • Reverse engineer, decompile, or attempt to derive the source code of any SkyHealth Materials;
  • Resell, sublicense, or redistribute SkyHealth Materials to third parties without our written consent;
  • Remove or alter any proprietary notices.

7. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right;
  • Submit, store, or process data you are not legally authorized to share;
  • Interfere with or disrupt the integrity or performance of the Services or any third-party platform;
  • Attempt unauthorized access to any portion of the Services, accounts, or systems;
  • Use the Services to send unsolicited communications or spam.

8. Healthcare Compliance

SkyHealth provides marketing and analytics services and does not provide medical, legal, or compliance advice. You are solely responsible for ensuring that your use of the Services complies with all healthcare regulations applicable to your practice, including but not limited to HIPAA, state privacy laws, and professional advertising rules.

You agree not to provide SkyHealth with any Protected Health Information (PHI) as defined under HIPAA unless a Business Associate Agreement (BAA) has been separately executed between us.

9. Third-Party Services

The Services integrate with platforms operated by third parties (Google, Meta, TikTok, and others). SkyHealth is not responsible for the availability, accuracy, or behavior of these third-party platforms. Your use of any third-party platform is governed by that platform's own terms and privacy policies.

10. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SkyHealth does not warrant that the Services will be uninterrupted, error-free, or that any specific marketing or business outcome will be achieved.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYHEALTH'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SKYHEALTH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL SKYHEALTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless SkyHealth, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services in violation of these Terms or applicable law;
  • Client Data you provide or authorize SkyHealth to access;
  • Your breach of any representation or warranty made in these Terms.

13. Termination

Either party may terminate these Terms or any specific engagement with written notice as set forth in the applicable statement of work. SkyHealth may suspend or terminate the Services immediately if you breach these Terms or fail to pay any undisputed invoice when due.

Upon termination:

  • All licenses granted to you under these Terms end immediately;
  • SkyHealth will cease accessing your connected accounts;
  • You remain responsible for any fees accrued before termination;
  • Sections that by their nature should survive termination (including but not limited to Sections 5, 6, 10, 11, and 12) will survive.

14. Modifications

We may update these Terms from time to time. The "Last updated" date at the top will reflect the most recent revision. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify active clients in advance.

15. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in El Paso County, Texas, and the parties consent to the personal jurisdiction of those courts.

16. Contact

Questions about these Terms can be sent to:

SkyHealth Media, LLC Email: contact@skyhealthmedia.com Phone: (915) 344-0506 Website: https://skyhealthmedia.com