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Terms of Service

Last updated: February 23, 2026

IMPORTANT: PLEASE READ CAREFULLY

These Terms of Service contain important provisions including limitations of liability, disclaimers of warranties, indemnification obligations, and dispute resolution procedures. By using our website or services, you agree to be bound by these terms.

Clinic OS Pro Users

If you are using Clinic OS Pro (our SaaS platform) or enrolled in the 60-Day Sprint program, your use is governed by the Clinic OS Pro Terms of Service which serves as the Master Services Agreement for those products.

1. Acceptance of Terms

By accessing or using the website and services provided by Wiebe Consulting ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our website or services.

These Terms apply to all visitors, users, clients, and others who access our website or engage our services. For consulting engagements, a separate Master Service Agreement may also apply, which will govern in case of conflict with these Terms.

2. Description of Services

Wiebe Consulting provides business consulting, AI integration, process automation, and related professional services, with a focus on revenue and retention systems for sports and orthopedic physical therapy clinics. Our services may include:

  • Strategic consulting and advisory services
  • AI implementation and integration solutions
  • Process automation and workflow optimization
  • Training and education on AI tools and systems
  • Patient retention and no-show reduction strategies
  • Revenue optimization consulting

3. Eligibility

Our services are intended for businesses and professionals. By using our website or services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal authority to enter into binding agreements
  • If acting on behalf of an organization, you have authority to bind that organization to these Terms
  • Your use of our services does not violate any applicable laws or regulations

4. Client Responsibilities

As a client, you agree to:

  • Provide accurate, complete, and timely information as requested
  • Maintain the confidentiality of any login credentials and access provided
  • Comply with all applicable laws and regulations, including healthcare regulations (HIPAA) where applicable
  • Not use our services for any unlawful, fraudulent, or harmful purpose
  • Maintain current backups of all systems and data before granting us access
  • Respond promptly to requests for information, feedback, or approvals
  • Ensure you have all necessary rights and authorizations for data and materials you provide to us

5. Payment Terms

Payment terms for consulting services will be outlined in individual service agreements or Statements of Work. General payment terms include:

  • Invoicing: Invoices are due within 15 days of receipt unless otherwise agreed in writing
  • Late Payments: Overdue amounts may accrue interest at 1.5% per month (18% annually) or the maximum legal rate, whichever is lower
  • Suspension: We reserve the right to suspend services for accounts overdue by more than 10 days
  • Non-Refundable: Unless otherwise specified in writing, fees are non-refundable once services have commenced
  • Taxes: All fees are exclusive of applicable taxes (GST, HST, sales tax), which are your responsibility

6. Intellectual Property

6.1 Our Intellectual Property

All content, materials, methodologies, frameworks, templates, tools, and intellectual property provided by Wiebe Consulting ("Consultant IP") remain our exclusive property. This includes our website content, logos, branding, and proprietary systems.

6.2 Client Materials

You retain all rights to materials, data, and content you provide to us. You grant us a limited license to use such materials solely to perform our services.

6.3 Deliverables

Upon full payment, you receive ownership of custom deliverables created specifically for you, excluding any Consultant IP incorporated therein. You receive a non-exclusive, perpetual license to use Consultant IP as incorporated into your deliverables.

6.4 AI-Generated Content

Deliverables may include content generated by artificial intelligence tools. You acknowledge that:

  • The copyright status of AI-generated content is legally uncertain
  • We make no representations regarding copyrightability of AI-generated content
  • Third parties may independently generate similar content
  • You assume all risk regarding use and ownership of AI-generated content

7. Artificial Intelligence Disclosure and Limitations

IMPORTANT: AI LIMITATIONS

This section contains critical information about AI tools and their limitations. Please read carefully.

7.1 Use of AI Tools

We utilize various artificial intelligence tools and platforms in delivering our services, which may include OpenAI (GPT-4, ChatGPT), Anthropic (Claude), and other AI providers. By engaging our services, you expressly consent to the use of such tools.

7.2 Client Acknowledgments Regarding AI

YOU ACKNOWLEDGE AND UNDERSTAND THAT:

  • AI Systems Are Not Infallible: Artificial intelligence may produce outputs that are inaccurate, incomplete, biased, misleading, or entirely fabricated ("hallucinations")
  • No Guaranteed Outcomes: AI capabilities are constantly evolving. Results achieved in testing or for other clients may not be replicable for you
  • Human Oversight Required: All AI-generated recommendations, code, content, and analysis MUST be reviewed and validated by qualified humans before implementation or reliance
  • Technology Changes: AI platforms may change features, pricing, terms, or availability without notice. We cannot guarantee continued access to specific AI capabilities

7.3 Client Responsibility for AI Outputs

YOU ARE SOLELY RESPONSIBLE FOR:

  • Reviewing all AI-generated outputs before implementation
  • Verifying the accuracy of AI-generated content, code, and recommendations
  • Testing AI solutions thoroughly before production use
  • All decisions made based on AI outputs
  • All consequences of implementing AI recommendations

8. Disclaimer of Warranties

Important Legal Notice

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, COMPLETENESS, OR RELIABILITY
  • QUALITY OR PERFORMANCE
  • QUIET ENJOYMENT

WE DO NOT WARRANT THAT:

  • Services will meet your requirements or expectations
  • Services will be uninterrupted, timely, secure, or error-free
  • Results obtained will be accurate, reliable, or meet specific performance levels
  • Defects will be corrected
  • AI systems will perform as expected or produce accurate outputs

9. No Guarantee of Results

Critical Notice

We make NO guarantees, representations, or promises regarding specific business outcomes.

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING BUT NOT LIMITED TO:

  • Revenue increases or cost savings
  • Efficiency gains or time savings
  • Return on investment (ROI)
  • Lead generation or conversion rates
  • Patient retention or no-show reduction rates
  • Customer acquisition or retention
  • Any specific key performance indicators (KPIs)
  • AI system accuracy or performance levels
  • Business growth or competitive advantage

Any projections, estimates, case studies, testimonials, or forecasts are for informational purposes only and shall not be construed as guarantees or promises. Results depend on numerous factors beyond our control, including your own implementation, market conditions, competition, and execution.

10. Limitation of Liability

This Section Significantly Limits Your Remedies

Please read carefully. This section limits the damages you may recover.

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIEBE CONSULTING, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • PUNITIVE OR EXEMPLARY DAMAGES
  • LOST PROFITS, REVENUE, OR INCOME
  • LOSS OF DATA OR DATA BREACH DAMAGES
  • LOSS OF BUSINESS, CONTRACTS, OR GOODWILL
  • BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE SERVICES
  • ANY OTHER PECUNIARY LOSS

ARISING OUT OF OR RELATED TO THESE TERMS, OUR WEBSITE, OR OUR SERVICES, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, OUR WEBSITE, OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

  • THE TOTAL FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
  • ONE HUNDRED DOLLARS ($100 USD)

10.3 Exceptions

These limitations do NOT apply to liability arising from our intentional misconduct, fraud, or gross negligence to the extent such limitations are prohibited by applicable law.

10.4 Time Limitation on Claims

Any claim or cause of action arising out of or related to these Terms or our services must be filed within ONE (1) YEAR after the claim or cause of action arose, regardless of any statute of limitations to the contrary. Failure to bring a claim within this period constitutes an absolute bar to any such claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Wiebe Consulting, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:

  • Your breach of these Terms
  • Your negligence or willful misconduct
  • Your violation of any applicable laws or regulations
  • Your use of our services or deliverables
  • Any third-party claims related to your business, products, or services
  • Your failure to obtain necessary consents, authorizations, or licenses
  • Inaccurate or incomplete information you provided to us
  • Your implementation of our recommendations
  • Claims arising from your systems, data, or operations
  • Claims by your employees, customers, patients, or end users
  • Your failure to maintain required data backups

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary, sensitive, or non-public information ("Confidential Information") shared during our engagement. Confidential Information does not include information that:

  • Is or becomes publicly available without breach
  • Was known to the receiving party before disclosure
  • Is independently developed without use of Confidential Information
  • Is received from a third party without restriction
  • Is required to be disclosed by law (with reasonable notice where permitted)

Confidentiality obligations survive for 3 years after the end of our engagement, except for trade secrets which remain confidential indefinitely.

13. Healthcare Clients (HIPAA)

For healthcare clients subject to HIPAA (Health Insurance Portability and Accountability Act):

  • A separate Business Associate Agreement (BAA) must be executed before we access any Protected Health Information (PHI)
  • We will not access PHI until a BAA is in place
  • Consumer AI tools will NOT be used to process PHI unless they are HIPAA-compliant and covered by a BAA
  • Client is responsible for identifying which data constitutes PHI
  • Client represents that it has obtained all necessary patient authorizations

14. Call Recording and Biometric Data

By engaging our services, you consent to:

  • Recording and transcription of all meetings and calls related to our engagement
  • Use of AI-powered transcription tools that may create voice profiles ("voiceprints")
  • Collection of biometric identifiers as described in our Privacy Policy

You may opt out of recording for specific meetings by notifying us in writing before the meeting begins. See our Privacy Policy for complete details on biometric data handling.

15. System Access and Data Protection

When we require access to your systems:

  • You shall provide appropriately scoped access credentials with minimum necessary permissions
  • You are responsible for maintaining audit logs of our access
  • You shall revoke access promptly upon project completion
  • You must maintain complete, current backups of all systems and data before granting us access

WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS WHERE YOU FAILED TO MAINTAIN ADEQUATE BACKUPS.

16. Termination

Either party may terminate the service relationship:

  • With 30 days written notice; or
  • Immediately upon material breach that remains uncured for 15 days after written notice

We may terminate immediately if you fail to pay any invoice within 15 days of due date.

Upon termination:

  • You shall pay for all services rendered through termination
  • Each party shall return or destroy the other's Confidential Information
  • Licenses granted for deliverables survive (if paid in full)
  • Provisions regarding IP, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, the parties shall attempt to resolve disputes through good faith negotiation for at least 30 days.

17.2 Binding Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration administered under commercial arbitration rules. The arbitration shall take place in Canada (or the location specified in your service agreement). The arbitrator's decision shall be final and binding.

17.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. All claims must be brought in your individual capacity.

17.4 Small Claims

Either party may bring individual claims in small claims court if eligible.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to conflict of law principles. For US clients, disputes may be resolved in accordance with the laws of the client's state as specified in the applicable service agreement.

19. No Personal Liability

These Terms are between you and Wiebe Consulting (the business entity). No owner, shareholder, director, officer, employee, or agent shall be personally liable for any obligations under these Terms or any claims arising from our services.

You agree that any claims arising from these Terms or our services shall be brought solely against Wiebe Consulting and not against any individual.

20. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated "Last Updated" date. Your continued use of our website or services after changes constitutes acceptance of the modified Terms.

21. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and us
  • Severability: If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force
  • Waiver: No waiver of any provision shall be effective unless in writing. Failure to enforce any provision is not a waiver
  • Assignment: You may not assign these Terms without our written consent. We may assign freely
  • Force Majeure: Neither party shall be liable for delays due to circumstances beyond reasonable control
  • Interpretation: These Terms shall not be construed against the drafting party. Headings are for convenience only

22. Accessibility

Wiebe Consulting is committed to ensuring digital accessibility for people with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

22.1 Our Commitment

We believe that the internet should be available and accessible to anyone. We are committed to providing a website and services that are accessible to the widest possible audience, regardless of technology or ability.

22.2 Accessibility Features

  • Semantic HTML for screen reader compatibility
  • Alternative text descriptions for images
  • Sufficient color contrast ratios
  • Keyboard-navigable interface
  • Responsive design for all devices
  • Clear heading structure and navigation
  • Focus indicators for interactive elements

22.3 Accessibility Assistance

If you experience any difficulty accessing any part of our website or services, or if you require assistance in a different format, please contact us at ben@wiebe-consulting.com with "Accessibility" in the subject line. We will work with you to provide the information, service, or transaction you seek through an alternative communication method that is accessible and consistent with applicable law.

22.4 Third-Party Content

While we strive to ensure that our website is accessible, we cannot guarantee that third-party content (including embedded videos, documents, or external links) meets accessibility standards. If you encounter inaccessible third-party content, please let us know and we will attempt to provide an accessible alternative.

22.5 Ongoing Efforts

We are continually working to increase the accessibility and usability of our website. If you have specific questions or concerns about the accessibility of this site or need assistance in using the processes found within this site, please contact us.

23. Contact Information

For questions about these Terms of Service, please contact us at:

Wiebe Consulting
Email: ben@wiebe-consulting.com
Website: wiebe-consulting.com

By using our website or engaging our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.