Terms of Service

3.1 Business Associate Agreement

By using the Service, Customer acknowledges that Dental AI functions as a "Business Associate" as defined under the Health Insurance Portability and Accountability Act (HIPAA). A separate Business Associate Agreement (BAA) must be executed between the Customer and Dental AI before any PHI is processed through the platform. This BAA will govern the use and protection of all PHI.

3.2 Data Security Standards

Dental AI implements and maintains a comprehensive security program with robust technical, administrative, and physical safeguards designed to protect Customer data. These measures include:

• End-to-end encryption of all PHI in transit and at rest, using AES-256 or a higher standard.
• Multi-factor authentication (MFA) and role-based access controls (RBAC) to enforce the principle of least privilege.
• Regular security risk assessments, vulnerability scanning, and third-party audits.
• Adherence to all required safeguards under the HIPAA Security Rule.

3.3 AI Processing and PHI

All processing of PHI by our AI algorithms occurs within a secure, HIPAA-compliant infrastructure. The Customer retains full ownership of all its clinical and patient data. Dental AI does not use identifiable PHI for the general training of its AI models. Any data used for system improvement is fully de-identified and aggregated in accordance with HIPAA standards.

4.1 Account Security

The Customer is responsible for all activities that occur under its accounts. Customer must:

• Maintain the strict confidentiality of all user login credentials and security tokens.
• Implement and enforce appropriate user access controls within their own organization.
• Promptly notify Dental AI in writing of any known or suspected security breaches or unauthorized use of the Service.
• Ensure all personnel accessing the Service are appropriately trained on HIPAA and internal security policies.

4.2 Prohibited Uses

Customer agrees not to, and not to permit its users to:

• Share, sell, or transfer user access credentials to any unauthorized individual or third party.
• Use the Service for any purpose other than its intended use for clinical and practice operations.
• Attempt to decompile, disassemble, reverse engineer, or otherwise discover the source code or underlying algorithms of the Service.
• Introduce any malicious code, viruses, or harmful data into the platform or attempt to gain unauthorized access to our systems.
• Process PHI through the Service without having obtained all legally required patient consents and authorizations.

5.1 Dental AI's Intellectual Property

Dental AI retains all rights, title, and interest in and to the Service and all related intellectual property, including but not limited to its software, AI algorithms, methodologies, documentation, and user interface. Customer is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly during the subscription term and in accordance with these Terms.

5.2 Customer Data

Customer retains all ownership rights, title, and interest in and to all its data, including practice data, clinical information, and PHI ("Customer Data"). Dental AI claims no ownership rights over Customer Data.

6.1 Subscription Plans

The Service is provided on a subscription basis. Specific subscription terms, features, and pricing are detailed in the Customer's Service Agreement or Order Form.

6.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis, as specified in the Service Agreement.
• All fees paid are non-refundable, except as expressly provided in these Terms or as required by applicable law.
• Late payments may incur interest charges and could result in the suspension or termination of service access after a 30-day notice period.
• Any changes to pricing will be communicated to the Customer with at least 60 days of advance written notice.

7.1 Uptime Commitment

Dental AI targets a 99.9% service uptime availability, excluding scheduled maintenance windows and circumstances beyond our reasonable control (force majeure events). We will provide at least 48 hours of advance notice for any planned maintenance that may cause service disruption.

7.2 Technical Support

Technical support is available during standard business hours as specified in the Service Agreement. Our support team will assist with issues related to the functionality and availability of the Service.

8.1 Scheduling Intelligence Disclaimer

• Customer acknowledges that the Service is a decision-support tool. While Dental AI is designed to generate highly optimized schedules, it does not replace professional human judgment.
• All AI-generated schedules and recommendations require review and validation by qualified practice personnel.
• The final responsibility for the practice's schedule and all clinical decisions rests solely with the Customer and its licensed healthcare providers.
• Dental AI does not provide medical or dental advice.

8.2 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DENTAL AI AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO DENTAL AI UNDER THE APPLICABLE SERVICE AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

10.1 Termination Rights

Either party may terminate the Service Agreement with 30 days of prior written notice. Dental AI reserves the right to suspend or terminate service immediately for a material breach of these Terms, failure to pay undisputed fees, or illegal conduct.

10.2 Data Return and Deletion

Upon termination of the Service Agreement, Dental AI will:

• Provide Customer with an opportunity to export a complete copy of its Customer Data within 30 days of termination.
• Securely and permanently delete all Customer PHI from its systems within 60 days following the termination date, in accordance with HIPAA requirements.
• Provide a written certification of data destruction upon Customer's request.

12.1 Service Updates

Dental AI may periodically update the Service to enhance functionality, improve security, or ensure regulatory compliance. We will provide advance notice of any material changes that may significantly impact the user experience.

12.2 Terms Updates

We may update these Terms from time to time. We will notify Customers of any material changes, and continued use of the Service after such notification will constitute acceptance of the revised Terms.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state specified in the Service Agreement, without regard to its conflict of law provisions.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Entire Agreement

These Terms, together with the executed Business Associate Agreement and any applicable Service Agreement or Order Form, constitute the entire and exclusive understanding and agreement between Dental AI and the Customer regarding the Service.