Terms of Service

1. Definitions

• "Services" — Dental Boost's cloud-based software platform, AI receptionist, automation tools, telephony, websites, documentation, analytics, APIs, and client software.
• "Order" — Any ordering flow or checkout that sets plan, term, usage limits, fees, and add-ons.
• "End User" — Staff or authorized personnel using the Services through your account.
• "Your Data" — All information submitted or transmitted through the Services by you or End Users, including PHI.
• "PHI" — Protected Health Information under HIPAA.
• "Subprocessors" — Third-party vendors assisting in service delivery (e.g., hosting, telephony, AI processing, CRM infrastructure).
• "BAA" — Our Business Associate Agreement (BAA) executed when PHI is processed.

2. Eligibility & Scope

2.1 Professional Use

The Services are intended for professional use by dental practices and related organizations. You represent and warrant you are:

• at least 18 years old, and
• authorized to bind the purchasing entity.

2.2 Order Hierarchy

If an Order conflicts with these Terms, the Order controls for that subscription.

3. Accounts, Administration & Security

3.1 Administrators

You may designate Admins who manage:

• settings, prompts, flows, calendars, staff roles
• integrations, messaging templates, and telephony

You are liable for actions taken under your account.

3.2 Credential Security

Logins are individual, non-transferable, and must be protected.

You must promptly notify Dental Boost of any suspected unauthorized access or security breach: [email protected]

3.3 Required Consents & Legal Notices

You are solely responsible for providing legally required disclosures and consents to:

• staff
• callers
• message recipients
• patients

Including but not limited to:

• call recording notices
• AI involvement notices
• SMS disclosure and opt-in requirements
• TCPA/CAN-SPAM compliance
• opt-out honoring

4. HIPAA, Privacy & Security

4.1 HIPAA / BAA

If PHI is submitted, you must first execute our Business Associate Agreement (BAA). Without a signed BAA, you may not upload or transmit PHI.

In the event of conflict between these Terms and a BAA relating to PHI, the BAA controls.

4.2 Privacy

Our privacy practices are described in our Privacy Policy, including how we:

• collect
• handle
• retain
• de-identify
• protect
• and disclose data

4.3 Safeguards

We maintain administrative, technical, and physical controls (see HIPAA Compliance page). You are responsible for:

• securing devices and networks under your control
• vetting third-party systems you connect to the Services

5. Acceptable Use

You and your End Users must NOT:

• violate applicable laws (including HIPAA, TCPA, CAN-SPAM, privacy laws, export controls);
• infringe others' rights;
• attempt unauthorized data access, reversal, scraping, or disruption;
• exceed contracted usage limits;
• submit malware;
• send spam, abusive, fraudulent, or harassing communications;
• build or train competing AI systems;
• misuse caller identity or spoof numbers unlawfully.

Dental Boost may investigate violations and suspend or terminate access as needed.

6. Telephony, Recording & Messaging

6.1 Emergency Services Disclaimer

The Services are not a substitute for 911 or emergency dispatch. You must direct callers with urgent or life-threatening conditions to emergency services.

6.2 Call Recording

The Services may enable inbound/outbound call recording. You are responsible for:

• obtaining consents where required
• maintaining proof of consent
• complying with multi-party recording laws

6.3 Messaging Compliance

If you send SMS, email, or automated communications through Dental Boost, you must:

• obtain legally valid opt-ins
• provide clear STOP/unsubscribe mechanisms
• honor opt-outs
• comply with carrier, TCPA, and CAN-SPAM rules
• configure your content and workflows lawfully

You are fully responsible for your use of telephony features, templates, and numbers.

7. Your Data & Our Use

7.1 Ownership

You retain ownership of Your Data.

7.2 License to Operate the Services

You grant Dental Boost a non-exclusive global license to:

• host
• store
• process
• display
• transmit
• backup
• analyze

Your Data for purposes of operating, supporting, improving, and securing the Services.

7.3 PHI & Model Training

We do not:

• use PHI to train public or shared foundation models, or
• sell, lease, or share PHI for advertising.

We may:

• use de-identified and/or aggregated information derived from Your Data to improve Service functionality, consistent with HIPAA de-identification standards.

7.4 Your Responsibilities

You represent you have:

• all rights to submit Your Data;
• lawful basis to handle PHI;
• proper consents required under HIPAA, TCPA, state privacy, consumer protection, and similar laws.

7.5 Suspension

We may remove content or suspend access if:

• required by law,
• necessary for risk prevention, or
• reasonably believed to violate these Terms.

Where lawful, we will notify you.

8. Third-Party Providers & Integrations

The Services may connect with third parties (e.g., practice management systems, calendars, AI processors, CRM delivery platforms).

You are responsible for enabling and configuring integrations.

Dental Boost is not liable for:

• availability
• security
• compliance
• or accuracy of third-party services

Their terms govern their use.

9. Plans, Billing, Renewals & Refunds

9.1 Fees

Fees, usage limits, and add-ons are described in your Order. Taxes may apply.

9.2 Recurring Billing

You authorize automated charges for:

• subscriptions
• usage-based fees
• add-ons purchased in-app

9.3 Auto-Renewal

Subscriptions renew automatically unless canceled in-app at least 30 days before renewal.

9.4 Trials

Trial access may be modified or discontinued at any time.

Unless canceled before expiration, paid billing begins automatically at trial end.

9.5 Price Changes

Applicable at renewal. We provide advance notice. If you disagree, you may opt out of renewal.

9.6 Refunds

Non-refundable, unless required by law or expressly stated.

9.7 Non-Payment

We may suspend accounts for non-payment after notification.

10. AI Output & No Professional Advice

AI-generated output:

• may be inaccurate or incomplete;
• must be reviewed by qualified personnel before reliance.

The Services do not provide:

• medical
• legal
• billing
• or compliance advice

You are solely responsible for final decisions.

11. Intellectual Property

11.1 Our IP

We retain all ownership rights in:

• platform
• software
• UI
• workflows
• documentation
• models

11.2 Your Creations

You retain ownership of scripts, flows, configurations, and assets you create. You grant us a license to:

• operate, support, troubleshoot, and improve the Services,
• derive de-identified learnings to improve performance.

11.3 Feedback

Suggestions may be used freely without obligation.

12. Service Changes & Availability

We may improve or modify features. We target high availability but may experience:

• maintenance windows
• third-party outages
• telephony/carrier issues
• force majeure events

You may request a pro-rata refund if a material function is removed mid-term.

13. Confidentiality

We each agree to:

• protect the other's non-public information;
• use reasonable care;
• only use information as intended.

Exceptions for:

• law enforcement requests
• pre-known or independently developed information
• public information

14. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED:

"AS IS" AND "AS AVAILABLE"

No implied warranties apply. We do not guarantee:

• uninterrupted operation,
• full accuracy,
• or business outcomes (e.g., call capture or revenue).

15. Indemnification

By You

You will defend and indemnify Dental Boost for claims arising from:

• Your Data
• unlawful messaging
• improper PHI submission
• non-compliant workflows
• third-party systems you connect

By Us (IP Only)

We indemnify you for direct IP infringement claims caused solely by our delivered product, subject to conditions and exclusions noted in the full text.

16. Limitation of Liability

To the fullest extent permitted:

• no indirect, consequential, or punitive damages;
• each party's total liability limited to fees paid to Dental Boost in the 12 months preceding the claim.

This cap does not apply to:

• your indemnities
• your payment obligations

17. Term, Termination & Data Export

These Terms begin when accepted and continue until terminated.

17.2 Termination

Either party may terminate:

• after 30-day cure period for breach, or
• immediately for unlawful/high-risk use.

17.3 Effect

Access ends upon termination; fees remain due; refunds are limited.

17.4 Data Retrieval

You can export data during service and for 30 days post-termination, subject to feasibility and BAA constraints.

PHI deletion follows BAA terms and retention requirements.

18. DMCA

DMCA notices may be sent to [email protected] with proper required documentation.

19. Export, Sanctions & Abuse

You must comply with U.S. export/sanctions laws.

Illegal robocalling, spoofing, and deception may lead to immediate suspension.

20. Dispute Resolution & Arbitration

20.1 Informal Resolution

Email subject "Dispute" to: [email protected]

20.2 Binding Arbitration

If unresolved after 60 days, disputes go to AAA commercial arbitration in King County, Washington, except appeals/injunctive relief relating to IP.

20.3 Class Waiver

All disputes must be brought individually, not as a class or group action.

20.4 Opt-Out

You may opt out of arbitration/class waiver within 30 days of acceptance.

21. Changes to Terms

Terms may be updated. Material changes apply at renewal unless law/security requires sooner. If materially adverse to you mid-term, you may terminate the affected Order and request a pro-rata refund.

22. Notices, Assignment & Miscellaneous

22.1 Notices

Sent to account email or posted in-app.

22.2 Assignment

You may assign only to a successor company with notice. We may assign to affiliates or successors.

22.3 Force Majeure

No liability for events beyond reasonable control.

22.4 Governing Law

Washington State law governs, subject to the Federal Arbitration Act for arbitration.

22.5 Entire Agreement

These Terms + Orders + Privacy Policy + BAA = Entire Agreement.

22.6 Severability & Waiver

Unenforceable sections do not invalidate the rest. Failure to enforce is not a waiver unless expressly stated.

23. Electronic Acceptance

You agree that:

• electronic acceptance = legal signature
• electronic notices satisfy legal notice requirements