Terms of Service

These terms of service govern your use of the Wellness Wise CRM platform, our websites, and the marketing content and website services we provide. Please read them before subscribing. Using our services means you accept these terms.

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and Sixth Man Communications LLC, a Utah limited liability company operating Wellness Wise CRM. Throughout this document, “we,” “us,” and “our” refer to Sixth Man Communications LLC. “You,” “your,” and “Customer” refer to the individual or practice subscribing to our services.

You must be at least 18 years old and authorized to enter contracts on behalf of your practice. Subscribing on behalf of an organization means you confirm you have that authority.

Our Privacy Policy is incorporated into these terms by reference.

2. Definitions

• Platform. The Wellness Wise CRM software available at app.wellnesswisecrm.com.
• Services. The Platform, the marketing content we produce, website design and management, onboarding, training, and support.
• Customer Data. Contact records, communications, and other material you or your team load into the Platform.
• Marketing Content. Blog articles, newsletters, social media posts, lead magnets, email campaigns, and similar material we produce for your practice.
• Customer Website. A website we design, host, and manage under a subscription that includes website services.

3. Our Services

We offer the following subscriptions:

• Functional Website, $99 per month. A designed website with hosting, monthly management, basic search engine optimization, new content each month, security updates, and daily backups.
• Wellness Wise CRM, $149 per month. Access to the Platform with nurture campaigns, a discovery call calendar, lead magnets, monthly newsletter and blog content, social scheduling, chat widget, pipeline dashboard, and the training library.
• Website + CRM, $199 per month. Both of the above delivered together.

Feature sets evolve as we improve the product. We may add, modify, or retire individual features, and we will give reasonable notice before removing functionality that materially reduces the value of your subscription.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at josh@sixthmandesign.com if you suspect unauthorized access. Credentials may not be shared outside your practice, and each user should have an individual login where the Platform supports it.

5. Fees, Billing, and Renewal

5.1 Subscription billing

Subscriptions are billed monthly in advance on the date you subscribe. Fees are stated in United States dollars and exclude applicable taxes, which are added where required. Payments are processed by Stripe, Inc., and your use of that payment method is also subject to Stripe’s terms.

5.2 Automatic renewal

Your subscription renews automatically each month until cancelled. Continued access to the Platform, your Customer Website, and monthly Marketing Content depends on an active subscription.

5.3 Failed payments

Payment failures put your account into a grace period of 7 days. We will attempt to reach you during that window. Accounts that remain unpaid after the grace period may be suspended, and a Customer Website may be taken offline until the balance clears.

5.4 Price changes

Rates may change with at least 30 days written notice sent to the email on your account. Price changes apply from your next billing cycle. Cancelling before that cycle begins avoids the new rate.

5.5 Refunds

All fees are non-refundable. Subscriptions are sold on a monthly basis, and cancelling stops future billing rather than refunding amounts already paid. Access continues through the end of the period you have paid for. Partial months are not refunded or pro-rated.

6. Cancellation

You may cancel at any time by emailing josh@sixthmandesign.com from the address associated with your account. Cancellation takes effect at the end of your current billing period, and you keep access until then.

6.1 What happens to your data

After cancellation you have 30 days to export your Customer Data. We will provide a reasonable export on request during that window. Data is deleted or anonymized once the window closes.

6.2 What happens to your website

Your Customer Website transfers to you on cancellation. We will provide the site files, content, and database export within the 30-day window described above, and you arrange your own hosting going forward. You are responsible for your domain registration, for any hosting account you set up, and for maintaining the site after transfer.

Ongoing hosting, management, security updates, and backups end with your subscription. Any third-party licenses, plugins, or services included as part of the managed subscription do not transfer automatically, and you may need your own licenses to keep using them.

7. Ownership and Licenses

7.1 What we own

We retain all rights to the Platform, its underlying software, our campaign templates, content library, workflows, and brand assets. Nothing in these terms transfers ownership of our intellectual property to you.

7.2 What you own

You retain all rights to your Customer Data, your logo, your brand assets, and any material you provide to us. You grant us a limited license to use that material solely to deliver the Services.

7.3 Marketing Content license

Marketing Content we produce for your practice is licensed to you under a perpetual, non-exclusive license. Blog articles, newsletters, social posts, and lead magnets already delivered to you remain yours to use in your own marketing after your subscription ends.

Marketing Content may not be resold, sublicensed, or redistributed to other practices.

7.4 Feedback

Suggestions you send us about the product may be used freely without obligation or compensation.

8. Your Responsibilities

You agree to:

• Provide accurate account and billing information and keep it current
• Use the Services in compliance with all applicable laws and professional obligations
• Obtain any consent required before adding contacts to the Platform or sending them communications
• Comply with anti-spam laws, including the CAN-SPAM Act and, where applicable, TCPA rules covering text messages and calls
• Review all Marketing Content before it is published or sent, as described in Section 9
• Keep protected health information out of the Platform, as described in Section 10
• Maintain the security of your account and devices

9. Health Claims and Content Review

This section matters more than any other for a healthcare practice, so please read it carefully.

Marketing Content we produce covers topics such as hormone health, weight management, and gut health. It is general marketing material and is not medical advice. It does not create a provider-patient relationship, and it is not reviewed by a licensed clinician on our side.

You are the licensed professional. You are solely responsible for reviewing every piece of Marketing Content before it goes out under your name, and for confirming it is accurate, appropriate for your patient population, and compliant with the rules that govern your practice. Those rules include Federal Trade Commission requirements for substantiating health claims, Food and Drug Administration restrictions on claims about treatments and supplements, your state licensing board’s advertising standards, and any professional body you belong to.

Publishing content means you approved it. We are not liable for regulatory action, professional discipline, or claims arising from content you chose to publish.

10. Protected Health Information

Wellness Wise CRM is a marketing platform. It is not offered as a HIPAA-compliant service, and Sixth Man Communications LLC does not enter into Business Associate Agreements. We do not act as a business associate for any customer.

You must not upload, store, or transmit protected health information through the Platform. You are solely responsible for deciding what information you load into the Platform and for meeting your own obligations under HIPAA and any other law that applies to your practice. Clinical records belong in an electronic medical record system that supports HIPAA compliance.

Loading protected health information into the Platform violates these terms, and we may suspend or terminate an account for doing so.

11. Acceptable Use

You may not use the Services to:

• Send unsolicited bulk messages to people who have not consented
• Upload malicious code or attempt to breach our systems or another customer’s account
• Reverse engineer, copy, or create derivative works from the Platform
• Resell or provide access to the Platform to practices outside your organization
• Publish content that is unlawful, defamatory, deceptive, or infringing
• Make claims about treatments that you cannot substantiate
• Interfere with the performance or availability of the Services for others

Violations may result in suspension or termination without refund.

12. Third-Party Services

The Platform relies on third-party infrastructure for functions such as scheduling, communications, hosting, and payment processing. Those providers operate under their own terms and privacy policies. Interruptions or changes to a third-party service may affect the Services, and our responsibility is limited to using reasonable efforts to restore functionality or provide an alternative.

13. Service Availability and Support

We work to keep the Platform available and reliable, and we do not guarantee uninterrupted access. Planned maintenance will be announced in advance where practical.

Support is available by email at josh@sixthmandesign.com, Monday through Friday, 9:00am to 5:00pm Mountain Time, excluding holidays. We target a first response within one business day.

14. Disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantee about specific business results. Marketing outcomes depend on many factors outside our control, including your market, your pricing, your patient experience, and how you use the Services. Examples, statistics, and case studies shown in our marketing describe past results for specific practices and are not a promise of similar results for yours.

15. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even after being advised such damages are possible.

Our total aggregate liability arising out of or relating to these terms is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.

Some jurisdictions restrict these limitations, so parts of this section may not apply to you.

16. Indemnification

You agree to indemnify and hold us harmless from claims, damages, losses, and reasonable legal fees arising from your use of the Services, your Customer Data, Marketing Content you published, protected health information you loaded into the Platform, your violation of these terms, or your violation of any law or third-party right.

17. Term and Termination

These terms apply for as long as you use the Services. We may suspend or terminate your account for material breach, non-payment, or use that creates legal risk for us or our other customers. Where practical we will give notice and an opportunity to correct the problem first.

Sections covering ownership, disclaimers, limitation of liability, indemnification, and governing law survive termination.

18. Changes to These Terms

We may update these terms as our services and legal obligations change. The revision date at the top of this page reflects the most recent version. Material changes will be announced by email or through a notice in the Platform at least 30 days before taking effect. Continued use after that date means you accept the revised terms.

19. Governing Law and Disputes

These terms are governed by the laws of the State of Utah, without regard to conflict of law principles.

The parties agree to attempt informal resolution first by contacting josh@sixthmandesign.com and allowing 30 days to resolve the matter. Disputes that remain unresolved will be settled in the state or federal courts located in Washington County, Utah, and both parties consent to the exclusive jurisdiction and venue of those courts.

20. General Provisions

• Entire agreement. These terms and the Privacy Policy are the complete agreement between us regarding the Services.
• Assignment. You may not assign these terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. An unenforceable provision is limited or removed, and the remaining provisions stay in effect.
• No waiver. Failing to enforce a provision does not waive the right to enforce it later.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control, including outages at third-party providers, natural disasters, and government action.
• Independent contractors. These terms do not create a partnership, joint venture, or employment relationship.

21. Contact

Questions about these terms can be sent to: