Last Modified: Feb 26, 202
Welcome to The Dental App Inc. (“TDA,” “we,” “us,” or “our”).
These Terms and Conditions ("Terms") govern access to and use of The Dental App software and services (the "Service") provided by The Dental App Inc. ("Provider"). These Terms are incorporated by reference into any order form, subscription agreement, or similar agreement ("Agreement") between Provider and the subscribing dental practice ("Customer").
"Service" means The Dental App software, including updates, modifications, and enhancements.
"Customer Data" means all electronic data submitted by Customer to the Service.
"Authorized Users" means individuals authorized by Customer to use the Service.
"Payment Processing Services" means transaction processing and recurring billing services made available through the Service.
"Membership Program" means any patient subscription, membership, discount plan, or similar offering created or administered by Customer using the Service.
Provider grants Customer a non-exclusive, non-transferable right to access and use the Service for internal business purposes, subject to these Terms.
Customer shall not sell, resell, lease, sublicense, interfere with, or attempt to gain unauthorized access to the Service.
Customer is responsible for all activities conducted under its accounts and for compliance with all applicable laws.
Customer shall ensure that all communications, including SMS and electronic messaging, comply with applicable federal, state, and local laws, including TCPA and CAN-SPAM.
SMS Compliance and Liability
Customer is solely responsible for obtaining required consents and providing opt-out mechanisms. Customer assumes all liability for non-compliant messaging and agrees to indemnify Provider from related claims.
Customer may use the Service to create and manage Membership Programs for its patients.
Customer acknowledges and agrees that:
a. Provider does not offer, sponsor, administer, or control any Membership Program.
b. Membership Programs are offered solely by Customer and are not insurance.
c. Customer is solely responsible for determining and complying with all applicable federal, state, and local laws governing Membership Programs, including any registration, disclosure, or regulatory requirements.
d. Customer is responsible for all patient-facing membership terms, pricing, benefits, cancellations, refunds, and disclosures.
e. Provider does not provide legal or regulatory advice regarding Membership Programs.
Customer agrees to indemnify and hold Provider harmless from any claims arising from Customer's Membership Programs.
Provider may enable Payment Processing Services through the Service.
Customer acknowledges that:
a. Customer is the merchant providing services to patients.
b. Provider acts solely as a technology platform and payment facilitator.
c. Customer is responsible for billing accuracy, refunds, disputes, and chargebacks.
Customer shall pay all fees specified in the applicable Order Form. Fees are non-refundable except as expressly stated.
Provider may modify fees at the end of a subscription term with advance notice.
If Customer elects to apply a surcharge to patient transactions:
a. The surcharge is imposed solely by Customer.
b. Customer is responsible for compliance with all applicable laws and card network rules.
c. Customer must provide clear and conspicuous notice of any surcharge prior to payment.
d. Surcharges must not exceed the actual cost of acceptance where required.
e. Debit cards and other payment methods may not be surcharged where prohibited.
Customer agrees to indemnify Provider from any claims related to surcharge practices.
Provider may adjust fees due to third-party vendor price increases with sixty days' notice.
9. Proprietary Rights
Provider retains all rights to the Service. Customer retains ownership of Customer Data.
10. Confidentiality
Each party shall protect the other's confidential information and use it solely for purposes of the Agreement.
Provider shall maintain appropriate safeguards to protect Customer Data in accordance with applicable law.
Customer acknowledges that the Service may store, process, or transmit Protected Health Information ("PHI") on Customer's behalf and that Provider acts as a Business Associate as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), pursuant to the parties' Business Associate Agreement ("BAA"), if applicable.
Customer acknowledges and agrees that Customer is the covered entity and system of record for all patient medical records. Provider does not determine or control the duration for which medical records must be retained under HIPAA or applicable state law.
Customer is solely responsible for: retaining patient records for the minimum periods required by federal and state law; exporting and securely storing any Customer Data necessary to satisfy medical, legal, or regulatory record-retention obligations.
Provider does not assume responsibility for long-term retention of medical records beyond the limited retention period described below.
Following termination or expiration of the Agreement for any reason, Customer shall retain access to the Service through the end of Customer's final paid billing period, subject to these Terms.
Following the end of the final billing period, Provider shall make available to Customer, upon request, a copy of Customer Data in a commercially reasonable format. Such export may include database exports and static files generated from the Service.
Provider's obligation to provide Customer Data is limited to data reasonably accessible within the Service at the time of termination and does not include proprietary system data, internal system logs, derived analytics, or metadata not required to satisfy Customer's record-retention obligations.
Provider will retain Customer Data, including PHI, for a period of thirty (30) days following termination or expiration of the Agreement (the "Retention Period") solely to allow Customer to retrieve its data.
During the Retention Period, Provider will continue to safeguard Customer Data in accordance with HIPAA, the BAA, and Provider's standard security practices. Provider may restrict Customer's access to the Service during this period while maintaining Customer Data for retrieval purposes.
Upon expiration of the Retention Period, Provider shall permanently delete Customer Data, including PHI, from Provider's production systems in accordance with HIPAA, the BAA, and Provider's standard data deletion procedures.
This deletion includes Customer Data stored within the Service and Customer Data stored with third-party service providers engaged by Provider for purposes such as messaging, email delivery, or infrastructure, to the extent such data is reasonably within Provider's control.
Provider is not responsible for deletion of Customer Data that Customer has independently exported, stored, or disclosed outside of the Service.
Provider will provide notice to the Customer's designated administrative or owner account confirming that Customer Data has been deleted in accordance with this Section.
Notwithstanding the foregoing, Provider may retain Customer Data, including PHI, for longer than the Retention Period solely to the extent required by applicable law, regulation, court order, subpoena, or documented legal hold.
Any such retained data shall remain subject to the confidentiality, security, and use restrictions set forth in the Agreement and the BAA and shall be deleted promptly once the legal or regulatory retention requirement no longer applies.
The AI Training and Data-Improvement Addendum is incorporated herein and governs use of de-identified and aggregated data for AI purposes.
The Service may include features powered by generative artificial intelligence ("AI Features") that produce text, suggestions, summaries, or other content ("AI Output").
Customer acknowledges and agrees that:
AI Output does not constitute medical, dental, clinical, legal, financial, or other professional advice. AI Features are provided as assistive tools only and are not a substitute for the independent professional judgment of licensed practitioners. Customer and its Authorized Users bear sole responsibility for all clinical decisions and patient care.
AI Output may be inaccurate, incomplete, or outdated. Provider does not warrant the accuracy, completeness, reliability, or suitability of any AI Output. Customer and its Authorized Users are solely responsible for reviewing, verifying, and validating all AI Output before reliance or use.
Customer is solely responsible for any decisions, actions, communications, or clinical determinations made based on or informed by AI Output. Customer shall ensure that all Authorized Users understand that AI Output must be independently verified before use in any patient-facing or clinical context.
AI Features and AI Output are provided on an "as is" and "as available" basis. Provider expressly disclaims all warranties, express or implied, with respect to AI Features and AI Output, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Provider may modify, suspend, or discontinue AI Features at any time without prior notice. AI Output may vary and is not guaranteed to be consistent or reproducible.
Customer shall not use AI Features to generate content that is misleading, fraudulent, or in violation of applicable law. Customer shall not represent AI Output to patients or third parties as the professional opinion of a licensed practitioner unless such output has been reviewed and adopted by a qualified professional.
Customer agrees to indemnify and hold Provider harmless from any claims, damages, or liabilities arising from Customer's or its Authorized Users' use of, or reliance on, AI Output.
The Service is provided on an "as is" basis except as expressly stated.
The Agreement continues for the term stated in the Order Form and renews automatically unless properly terminated.
Unless otherwise stated in the applicable Order Form, all subscriptions are sold on a twelve (12) month term and automatically renew for successive twelve (12) month renewal terms at the then-current rates.
To prevent automatic renewal, Customer must provide written notice of non-renewal at least ninety (90) days prior to the end of the then-current term. Notices received fewer than ninety (90) days before the term end date will be effective for the following renewal term.
Termination or non-renewal notices must be submitted in writing in accordance with the notice provisions of this Agreement.
Provider's aggregate liability shall not exceed fees paid by Customer in the twelve months preceding the claim.
These Terms are governed by the laws of the State of California. Venue lies exclusively in San Mateo County, California.
Email us any time at legal@thedentalapp.com.
By using The Dental App, you acknowledge that you have read, understood, and agree to these Terms of Service.
