Legal

Terms of Service

Last updated: July 8, 2026

These Terms of Service ("Terms") govern your use of the OnTheList Solutions platform ("Service"), operated by Echo Harbor Tech LLC ("Company," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1
Acceptance of Terms

By creating an account, accessing the platform, or receiving SMS notifications through our Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

We reserve the right to modify these Terms at any time. Continued use of the Service following any changes constitutes acceptance of the revised Terms.

2
Description of Services

OnTheList Solutions provides a provider-controlled appointment waitlist management platform that enables healthcare providers to:

  • Manage patient waitlists for earlier appointment availability
  • Send automated SMS notifications to patients when slots become available
  • Track patient responses (accept/decline) and maintain audit logs
  • Manage patient contact information and consent records

The Service is intended for use by licensed healthcare providers and their authorized staff.

3
SMS Messaging Terms
Not a condition of service: Consent to receive SMS messages is voluntary and is not a condition of receiving healthcare services or being placed on a waitlist.

Consent to Receive SMS

By opting in to SMS notifications, you agree to receive automated text messages from OnTheList Solutions on behalf of your healthcare provider. These messages include appointment availability alerts, waitlist status updates, and scheduling confirmations.

Message Frequency

Message frequency may vary based on appointment availability. You may receive up to 10 messages per month, though the actual number will depend on your provider's schedule and waitlist activity.

Message & Data Rates

Message and data rates may apply. OnTheList Solutions does not charge for SMS messages; however, your mobile carrier may charge for text messages or data usage. Contact your carrier for pricing details.

Opt-Out Instructions

You may opt out of SMS messages at any time by replying STOP to any message. Accepted opt-out keywords include: STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and OPT OUT. Upon receipt of an opt-out keyword, we will send one final confirmation message and immediately cease all further SMS communications to your number.

Reply STOP to opt out · Reply HELP for assistance · Msg & Data rates may apply

HELP Keyword

Reply HELP to any message for assistance. You will receive a response containing our company name, contact email, and support options.

Sending Hours

SMS messages will be sent between 9:00 AM and 8:00 PM in the recipient's local time zone, in accordance with applicable regulations including the Telephone Consumer Protection Act (TCPA).

Supported Carriers

SMS messaging is supported on all major US carriers. Carrier support may vary and messaging to non-US numbers may not be available.

Record Keeping

We maintain records of consent, opt-in timestamps, message history, and opt-out requests for a minimum of 5 years to satisfy regulatory and carrier compliance requirements.

4
Healthcare Provider Responsibilities

Healthcare providers using OnTheList Solutions agree to:

  • Obtain proper patient consent before adding them to SMS notification lists
  • Use the Service only for legitimate appointment management purposes
  • Maintain accurate and up-to-date patient contact information
  • Honor patient opt-out requests promptly
  • Comply with HIPAA, TCPA, and all applicable federal and state laws
  • Not use the Service to send marketing, promotional, or unsolicited messages unrelated to appointment management
  • Maintain their own Business Associate Agreement (BAA) obligations
5
Acceptable Use

You agree not to use the Service to:

  • Send spam, unsolicited messages, or messages unrelated to appointment management
  • Harass, abuse, or harm any individual
  • Violate any applicable law, regulation, or third-party rights
  • Attempt to gain unauthorized access to our systems
  • Transmit malicious code or interfere with the Service's operation
  • Misrepresent your identity or affiliation
  • Use the Service for any purpose prohibited by TCPA, CAN-SPAM, or carrier guidelines
6
HIPAA & Privacy Compliance

OnTheList Solutions is designed to assist healthcare providers in maintaining HIPAA compliance. As a Business Associate, we:

  • Maintain appropriate administrative, physical, and technical safeguards for protected health information (PHI)
  • Enter into Business Associate Agreements (BAAs) with covered healthcare providers
  • Limit use and disclosure of PHI to the minimum necessary to perform services
  • Maintain a complete audit trail of all system activities

Healthcare providers are responsible for ensuring their use of the Service is consistent with their own HIPAA obligations. Contact us to arrange a BAA at support@onthelist.solutions.

7
Intellectual Property

All content, features, and functionality of the OnTheList Solutions platform — including but not limited to software, design, text, graphics, and logos — are owned by Echo Harbor Tech LLC and protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

8
Disclaimer of Warranties

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

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. SMS delivery is subject to carrier availability and cannot be guaranteed.

9
Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONTHELIST SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability to you for any claims arising out of these Terms shall not exceed the amount paid by you (or your provider) to us in the twelve (12) months preceding the claim.

10
Termination

We reserve the right to suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or for any other reason at our sole discretion.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall remain in effect, including intellectual property, disclaimers, and limitations of liability.

11
Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Echo Harbor Tech LLC is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by applicable law.

12
Contact Us

If you have questions about these Terms of Service, please contact us:

Echo Harbor Tech LLC, operating as OnTheList Solutions

7 South Main St, #1177, Pecos, NM 87552

Phone: (505) 699-3629

Website: onthelist.solutions

Email: support@onthelist.solutions

For SMS opt-out: reply STOP to any message.

SMS Compliance PagePrivacy Policy