Terms of Use

These Terms of Use (“Terms”) are a legally binding agreement between you and Dentappl, LLC (“Dentappl,” “we,” “us,” or “our”) governing your access to and use of Dentappl’s websites, mobile and desktop applications, patient-facing services, clinic-management software, professional tools, APIs, integrations, and related products and services (collectively, the “Services”).

Please read these Terms carefully. By accessing or using the Services, creating an account, clicking to accept these Terms, or otherwise indicating your acceptance, you agree to be bound by these Terms.

If you use the Services on behalf of a dental practice, healthcare organization, business, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” include that entity and its authorized users.

Certain Services may be subject to additional agreements, including an order form, subscription agreement, Business Associate Agreement (“BAA”), payment terms, program-specific terms, or other written terms accepted by you (collectively, “Additional Terms”). If there is a conflict between these Terms and applicable Additional Terms, the Additional Terms will control with respect to the subject matter they specifically address.

Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy and, where applicable, other privacy notices made available through the Services.

1. Eligibility and authority

You must be legally capable of entering into a binding agreement to create your own Dentappl account.

If you use the Services for or on behalf of another individual, including a minor, dependent, family member, or patient, you represent that you have the legal authority or appropriate permission to do so and to provide information on that person’s behalf.

Professional users must maintain all licenses, credentials, registrations, permissions, authorizations, and professional standing required for the services they provide.

You agree to provide accurate, current, and complete information and to update that information when necessary.

2. Dentappl’s role

Dentappl is a technology company and software platform.

Dentappl may provide technology that enables users to:

• search for dentists, dental practices, and related professionals;
• view provider and practice information;
• request, schedule, manage, or cancel appointments;
• complete forms and provide information to dental practices;
• communicate with practices;
• manage patient accounts;
• verify or submit insurance-related information;
• facilitate billing and payment workflows;
• submit or manage insurance claims;
• manage schedules, patients, records, staff, billing, and other practice operations; and
• use other administrative or practice-management functionality.

Dentappl does not practice dentistry or medicine and is not a healthcare provider.

Dentappl does not diagnose conditions, prescribe treatment, provide medical or dental advice, make clinical decisions, or determine whether any particular treatment, provider, product, procedure, or service is appropriate for you.

No dentist-patient, doctor-patient, or other healthcare professional relationship is created between you and Dentappl through use of the Services.

Any healthcare relationship exists solely between the patient and the applicable healthcare professional or practice.

Emergencies

The Services are not intended for medical or dental emergencies.

If you believe you are experiencing a medical emergency, call 911 or seek appropriate emergency medical care immediately. For urgent dental concerns, contact an appropriate dental professional directly.

Do not rely on Dentappl messaging, scheduling, notifications, or other functionality for emergency communications.

3. Dental professionals and practices

Dental professionals and practices appearing through the Services are independent third parties and are not employees, agents, partners, or representatives of Dentappl solely because they use or appear on the Services.

Dentappl does not control a provider’s professional judgment, diagnosis, treatment decisions, quality of care, availability, pricing, billing, staffing, policies, or conduct.

Dentappl does not guarantee or warrant:

• the quality or outcome of dental or healthcare services;
• that a particular provider is appropriate for a particular patient;
• the continued licensure or credentials of a provider;
• that provider information is complete or current;
• that a provider accepts a particular insurance plan;
• that a provider will remain available at a particular time; or
• that information supplied by a provider or practice is accurate in every respect.

Dentappl may perform certain verification or administrative checks, but any such check does not constitute an endorsement, recommendation, certification, or guarantee.

Patients remain responsible for selecting their healthcare professionals and making their own healthcare decisions.

4. Provider listings, search results, and availability

Provider profiles, practice profiles, appointment availability, accepted insurance information, services, prices, locations, professional information, reviews, and other listing information may originate from practices, providers, patients, insurers, third-party data sources, or other sources.

Such information may change or become inaccurate, incomplete, or outdated.

Search results may take into account factors such as location, availability, appointment type, services offered, insurance information, user preferences, relevance, practice participation, and other factors used to operate and improve the Services.

The appearance or ordering of a provider in search results does not constitute a medical recommendation or endorsement by Dentappl.

If Dentappl offers paid or sponsored placement, it may identify such placement as sponsored or promoted where required by applicable law.

5. Appointments

Dentappl provides technology that may facilitate appointment requests and scheduling between patients and practices.

Unless expressly stated otherwise, submitting an appointment request does not guarantee that an appointment has been accepted.

An appointment is confirmed only when confirmation is provided by the applicable practice or through a Dentappl workflow authorized by that practice.

Practices are responsible for their schedules and may reschedule, cancel, reject, or otherwise modify appointments.

Patients are responsible for reviewing appointment details and complying with the applicable practice’s cancellation, late-arrival, no-show, deposit, and other policies.

Dentappl is not responsible for treatment delays, appointment cancellations, provider availability, missed appointments, scheduling conflicts, or losses arising from actions or omissions of a patient or practice.

6. Accounts and account security

Certain Services require a Dentappl account.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• using reasonable security measures to protect your account;
• restricting unauthorized access to devices through which your account can be accessed;
• all activity conducted through your account by persons you authorize; and
• promptly notifying Dentappl if you suspect unauthorized access or compromise.

You may not share professional credentials or permit another individual to use your professional account except through functionality specifically designed for authorized users or staff.

Dentappl may require identity, email, telephone, professional, or other verification before granting or continuing access to certain features. Dentappl may also require fresh verification before sensitive account actions, including certain account-deletion, account-recovery, or security changes.

You are responsible for keeping the email address and telephone number associated with your account current so that Dentappl can deliver security, appointment, account-status, and other operational communications.

7. Patient responsibilities

Patients are responsible for the accuracy and completeness of information provided through the Services, including contact, demographic, medical, dental, and insurance information.

Patients are responsible for communicating directly with their provider regarding:

• symptoms and medical or dental concerns;
• treatment decisions;
• medications and allergies;
• informed consent;
• treatment risks;
• costs and payment obligations;
• insurance coverage;
• provider network participation; and
• any information that may affect care.

Information entered through Dentappl should not replace communication with your treating professional.

8. Responsibilities of clinics and professional users

Clinics, providers, administrators, and other professional users are solely responsible for their professional activities and use of the Services.

Without limiting the foregoing, professional users are responsible for:

• providing lawful and professionally appropriate patient care;
• maintaining required professional licenses and credentials;
• obtaining required patient consents and authorizations;
• complying with applicable privacy and security requirements;
• maintaining legally sufficient clinical documentation;
• determining record-retention requirements;
• ensuring that information entered into patient records is accurate;
• configuring appropriate access permissions for staff;
• promptly disabling access for individuals who are no longer authorized;
• coding, billing, and claim accuracy;
• determining the medical or dental necessity of services;
• verifying payer requirements;
• responding to patient record requests and other patient rights;
• compliance with applicable federal, state, and local laws and professional standards; and
• maintaining appropriate backups or exports of information where required by their own policies or law.

Dentappl provides administrative technology and does not assume responsibility for the clinical, legal, billing, compliance, or professional obligations of a dental practice.

A practice remains responsible for decisions made using information presented through the Services.

9. Insurance information, eligibility, benefits, and claims

The Services may allow users to enter insurance information, perform eligibility or benefit inquiries, estimate coverage, submit claims, receive claim information, or interact with insurers, clearinghouses, or other third parties.

Insurance information is provided for administrative convenience and may be incomplete, delayed, inaccurate, or subject to change.

An eligibility or benefits response is not a guarantee of coverage or payment.

Actual benefits and patient responsibility may depend on factors including:

• plan terms;
• deductibles;
• annual maximums;
• waiting periods;
• frequency limitations;
• coordination of benefits;
• exclusions;
• network status;
• procedure codes;
• documentation;
• prior authorization requirements;
• payer policies; and
• services previously received.

The applicable insurer or payer, not Dentappl, makes final coverage and reimbursement determinations.

Patients remain responsible for amounts owed to their provider under applicable law and their agreements with the provider or insurer.

Clinics and professional users remain responsible for the accuracy of diagnosis codes, procedure codes, claim information, attachments, supporting documentation, and representations submitted to a payer.

Dentappl does not guarantee that a claim will be accepted, adjudicated, or paid.

Confirmation that a claim was transmitted or accepted electronically does not mean that the payer has approved or agreed to pay the claim.

10. Patient payments

The Services may enable patients to make payments to participating practices.

Unless Dentappl expressly states otherwise, the applicable dental practice—not Dentappl—is the provider of the dental services for which the payment is made.

Dentappl may use third-party payment processors to process transactions.

By submitting payment information, you represent that you are authorized to use the payment method and authorize the applicable charges.

Amounts displayed before final insurance adjudication may be estimates. A patient may owe additional amounts, or may be entitled to an adjustment or refund, after an insurer processes a claim.

The applicable practice is responsible for determining final patient balances, issuing refunds relating to dental services, and resolving billing disputes regarding treatment, except to the extent Dentappl expressly agrees to perform a particular payment function.

Dentappl may facilitate payment adjustments or refunds through the Services without becoming responsible for the underlying clinical or billing obligation.

11. Professional subscriptions, fees, and usage charges

Certain professional Services are provided on a paid subscription, usage-based, transactional, or other fee basis.

Applicable pricing, billing frequency, usage charges, included functionality, subscription period, and other commercial terms may be displayed through the Services or specified in an applicable Order Form or other Additional Terms.

By purchasing paid Services, you authorize Dentappl and its payment processor to charge the payment method associated with your account for applicable fees, usage charges, taxes, and other amounts properly due.

Unless otherwise stated in applicable Additional Terms:

• fees are stated in U.S. dollars;
• fees do not include applicable taxes;
• you are responsible for applicable sales, use, excise, and similar taxes other than taxes based on Dentappl’s net income;
• amounts already incurred remain payable after termination; and
• fees are non-refundable except where required by law or expressly agreed otherwise in writing.

If a subscription is identified as automatically renewing, it will renew according to the terms disclosed when the subscription is purchased unless canceled in accordance with those terms.

Dentappl may suspend access to paid professional functionality for overdue amounts after providing any notice required by applicable law or agreement.

12. Privacy, health information, and HIPAA

Dentappl processes personal information in accordance with its applicable Privacy Policy and other privacy notices.

Depending on the circumstances and relationship between the parties, information processed through Dentappl may be governed by HIPAA, state health privacy laws, general privacy laws, contractual requirements, or other applicable laws.

When Dentappl performs functions for a HIPAA-covered healthcare provider that make Dentappl a “business associate” under HIPAA, the parties’ applicable Business Associate Agreement will govern Dentappl’s permitted uses and disclosures of Protected Health Information (“PHI”).

If there is a conflict between these Terms and an applicable BAA regarding PHI, the BAA controls with respect to that PHI.

Nothing in these Terms authorizes Dentappl or a professional user to use or disclose PHI in violation of applicable law or an applicable BAA.

Information relating to health or healthcare is not necessarily subject to HIPAA in every context. Dentappl’s applicable Privacy Policy and privacy notices describe how information is handled when Dentappl is not acting as a HIPAA business associate.

13. Patient records and account deletion

Dental and clinical records maintained by a dental practice remain subject to the practice’s legal, professional, billing, insurance, and recordkeeping obligations. A Dentappl sign-in account is separate from the patient record maintained by a dental practice.

Patient-account deletion requests

For eligible patient accounts, Dentappl may provide functionality that allows the patient to request deletion of the Dentappl sign-in account. Unless a different period is required by law or necessary for security, fraud-prevention, legal, or operational reasons, a deletion request is scheduled for completion 14 days after it is submitted.

During the 14-day waiting period, the account generally remains available for normal use and the patient may cancel the deletion request before completion. Dentappl may display the scheduled deletion date through the Services and may send email or other account notices confirming the request, reminding the patient of the scheduled deletion, confirming a cancellation, or confirming completion.

Dentappl may require identity or account verification before accepting, cancelling, or completing a deletion request. Dentappl may pause, decline, or cancel a deletion request when reasonably necessary to protect account security, investigate fraud or abuse, comply with law, preserve information subject to legal hold, or resolve an account that has active professional or clinic-administration access.

When an eligible deletion request is completed, Dentappl may remove or disable sign-in credentials, authentication identifiers, sessions, device registrations, notification preferences, personal account preferences, and other account-level information that Dentappl controls and is not required or permitted to retain.

Healthcare and clinic records remain with the applicable record holder

Deleting a Dentappl patient account does not by itself delete dental or medical records maintained by or on behalf of a dental practice, or information retained by an insurer, payment processor, clearinghouse, or other third party. This may include patient demographics maintained as part of the clinic chart, appointments, clinical documentation, consent forms, treatment records, insurance information, claims, billing records, payment and refund history, care-related communications, and audit records.

A patient seeking access, amendment, restriction, deletion, or another privacy right concerning clinical records maintained by a practice should contact that practice as appropriate. Dentappl may assist the practice when required by applicable law or an applicable BAA.

Dentappl may retain information when reasonably necessary or legally required for purposes including:

• complying with legal obligations;
• maintaining required healthcare or business records;
• completing transactions;
• preventing fraud or abuse;
• resolving disputes;
• enforcing agreements;
• maintaining security and audit records; and
• preserving information in routine backup systems until overwritten in the ordinary course.

Additional information about account deletion, retention, and privacy rights is provided in the applicable Privacy Policy.

14. User content and information

You retain the rights you have in information, documents, images, reviews, messages, forms, records, and other materials you submit to the Services (“User Content”).

You grant Dentappl a limited, non-exclusive right to host, store, reproduce, transmit, display, format, back up, and otherwise process User Content as reasonably necessary to:

• provide the Services;
• perform requested transactions;
• communicate with authorized users and third parties;
• maintain, secure, troubleshoot, and support the Services;
• comply with law; and
• exercise rights expressly permitted by an applicable Privacy Policy, BAA, or other agreement.

This license does not transfer ownership of your User Content to Dentappl.

Where permitted by applicable law and an applicable BAA, Dentappl may create and use aggregated or de-identified information that does not identify an individual for analytics, security, product development, service improvement, research, and business operations.

Professional users represent that they have all rights, permissions, consents, and lawful bases required to provide User Content to Dentappl and instruct Dentappl to process it.

15. Reviews and public content

The Services may allow patients or other users to submit reviews, ratings, comments, photographs, or other public content.

You may not submit content that:

• is knowingly false or misleading;
• concerns an appointment or experience that did not occur;
• impersonates another person;
• unlawfully discloses confidential or private information;
• infringes intellectual property or other rights;
• contains unlawful threats, harassment, or discriminatory material;
• is submitted in exchange for undisclosed compensation where disclosure is required;
• manipulates ratings or review systems; or
• otherwise violates these Terms or applicable law.

Dentappl may moderate, restrict, remove, or decline to publish content when reasonably necessary to enforce these Terms, protect users, comply with law, or maintain the integrity of the Services.

Dentappl is not required to verify every statement contained in user-generated content.

16. Communications, telephone calls, and text messages

By providing contact information and using communication features of the Services, you authorize Dentappl and, where applicable, participating practices to send communications relating to your account, appointments, forms, payments, insurance, treatment administration, security, customer support, account deletion, and other transactional or operational matters, in each case as permitted by applicable law. Where applicable law requires a particular consent or authorization, Dentappl or the applicable practice will rely on or obtain that consent or authorization as required.

Communications may be delivered by email, telephone, push notification, SMS, MMS, or other supported channels.

For eligible patient accounts, appointment text-message updates may be enabled for the verified sign-in telephone number when that feature is available. You may turn off appointment text-message updates through available account notification settings. Where supported, you may also stop applicable text messages by replying STOP and may request assistance by replying HELP.

Message and data rates may apply. Message frequency may vary. Opting out of a particular communication channel may limit related functionality, but it will not necessarily stop communications that are required by law or reasonably necessary for account security, account-deletion processing, or another Service you request and that may lawfully be delivered through another channel.

Marketing communications requiring separate consent will be sent only in accordance with applicable consent requirements. Consent to marketing communications is not a condition of purchasing goods or services where prohibited by law.

Clinics and professional users are responsible for obtaining any legally required consents or authorizations for communications they initiate through Dentappl and for the lawful content of those communications.

You are responsible for keeping your contact information current. If you provide a telephone number belonging to another person, you represent that you are authorized to provide it for the applicable purpose.

17. Third-party services and integrations

Dentappl may integrate or interoperate with third-party products and services, including:

• payment processors;
• insurance companies;
• claims clearinghouses;
• eligibility services;
• identity and authentication providers;
• mapping and geolocation services;
• email and messaging providers;
• telecommunications providers;
• analytics providers;
• practice-management systems;
• electronic health record systems; and
• other software platforms.

Third-party services may be governed by separate terms and privacy policies.

Dentappl does not control and is not responsible for the independent acts, omissions, security, availability, content, decisions, or policies of third parties.

An interruption or change to a third-party service may affect Dentappl functionality.

Dentappl may modify or discontinue an integration if the third party changes or discontinues its technology, access, terms, APIs, or services.

18. Mobile applications and application stores

If you download a Dentappl application through Apple’s App Store, Google Play, or another application marketplace, your use may also be subject to that marketplace’s terms.

These Terms are between you and Dentappl, not the application marketplace.

To the extent required by the applicable marketplace’s rules, the marketplace provider has no responsibility for providing maintenance or support for the Dentappl application or for claims arising from Dentappl’s operation of the application.

The applicable application marketplace and its affiliates may be third-party beneficiaries of provisions applicable to your use of an application distributed through that marketplace where required by its terms.

19. Dentappl intellectual property

The Services, including software, interfaces, workflows, designs, text, graphics, logos, trademarks, databases, documentation, and other Dentappl-provided materials, are owned by Dentappl or its licensors and are protected by intellectual property laws.

Subject to your compliance with these Terms, Dentappl grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for their intended purposes during the period in which you are authorized to use them.

Except where expressly permitted by law or Dentappl in writing, you may not:

• reproduce or distribute the Services;
• sell, sublicense, rent, or commercially exploit the Services;
• copy substantial portions of Dentappl databases or content;
• reverse engineer, decompile, or attempt to derive source code;
• circumvent technical restrictions;
• remove proprietary notices; or
• use Dentappl intellectual property to create a confusingly similar service.

All rights not expressly granted are reserved.

If you voluntarily provide ideas, recommendations, or feedback concerning the Services, Dentappl may use that feedback without restriction or compensation, provided that this provision does not authorize use of PHI or other protected information contrary to applicable law or agreement.

20. Acceptable use

You may not use the Services to:

• violate applicable law or regulation;
• obtain or access information without authorization;
• submit fraudulent, deceptive, inaccurate, or unlawful information;
• impersonate another individual or organization;
• submit fraudulent appointments, reviews, claims, payments, or insurance information;
• compromise patient confidentiality;
• interfere with security or access controls;
• probe, scan, or test vulnerabilities without authorization;
• introduce malware, malicious code, or harmful content;
• interfere with or disrupt the Services or related systems;
• scrape, crawl, harvest, copy, or systematically extract data at scale without written authorization;
• circumvent rate limits or technical restrictions;
• use automated systems in a manner that places unreasonable load on the Services;
• reverse engineer restricted portions of the Services;
• use another user’s credentials without authorization;
• manipulate ratings, reviews, search results, insurance data, or billing information;
• use the Services for unlawful discrimination or harassment; or
• violate another person’s privacy, intellectual property, contractual, or other legal rights.

Dentappl may investigate suspected misuse and may take reasonable steps to protect users, data, Dentappl, and third parties.

21. Availability, maintenance, and changes to the Services

Dentappl works to maintain reliable Services but does not guarantee uninterrupted or error-free availability.

The Services may be unavailable because of:

• scheduled or emergency maintenance;
• software or infrastructure failures;
• internet or telecommunications failures;
• third-party outages;
• cybersecurity events;
• governmental actions;
• force majeure events; or
• other circumstances beyond Dentappl’s reasonable control.

Dentappl may add, modify, replace, limit, suspend, or discontinue functionality when reasonably necessary to improve the Services, address security or legal requirements, respond to third-party changes, manage risk, or operate the business.

Where a material change substantially affects paid professional Services, Dentappl will provide notice when required by applicable agreement or law.

22. Suspension and termination

You may stop using the Services at any time. Eligible patient-account deletion requests are handled as described in Section 13 and may be subject to the 14-day waiting period before completion. Professional subscriptions or clinic accounts may be cancelled or terminated only in accordance with applicable subscription commitments, Order Forms, Additional Terms, record-retention requirements, and other obligations.

Closing or deleting a Dentappl sign-in account does not terminate or eliminate a healthcare provider’s right or obligation to retain its patient records, nor does it eliminate payment, billing, insurance, legal, security, or other obligations that survive account closure.

Dentappl may restrict, suspend, or terminate access where reasonably necessary because of:

• violation of these Terms or Additional Terms;
• unauthorized or fraudulent activity;
• security risk;
• risk of harm to patients or other users;
• unlawful conduct;
• nonpayment;
• loss of required professional credentials;
• abuse of the Services;
• governmental or legal requirements; or
• discontinuation of the applicable Service.

Where reasonable under the circumstances, Dentappl may provide notice and an opportunity to cure before suspending professional Services.

Immediate action may be taken when necessary to address fraud, security threats, unlawful activity, patient safety risks, or other serious concerns.

Termination does not eliminate obligations accrued before termination.

Sections that by their nature should survive termination will survive, including provisions concerning payments, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

23. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

DENTAPPL DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, DENTAPPL DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE;
• INFORMATION AVAILABLE THROUGH THE SERVICES WILL ALWAYS BE ACCURATE, COMPLETE, OR CURRENT;
• AN APPOINTMENT REQUEST WILL RESULT IN AN APPOINTMENT;
• A PARTICULAR PROVIDER WILL BE AVAILABLE;
• INSURANCE INFORMATION WILL BE ACCURATE;
• A PAYER WILL COVER OR PAY A CLAIM;
• A PAYMENT, CLAIM, MESSAGE, OR OTHER THIRD-PARTY TRANSACTION WILL BE SUCCESSFULLY COMPLETED; OR
• USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR CLINICAL, FINANCIAL, BUSINESS, OR OTHER OUTCOME.

DENTAPPL MAKES NO WARRANTY REGARDING THE PROFESSIONAL SERVICES, QUALITY OF CARE, CONDUCT, BILLING, REPRESENTATIONS, OR OMISSIONS OF ANY DENTAL PROFESSIONAL OR PRACTICE.

Some jurisdictions do not permit certain warranty exclusions, so portions of this Section may not apply to you.

24. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DENTAPPL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

DENTAPPL WILL NOT BE LIABLE FOR DAMAGES ARISING FROM OR RELATED TO:

• THE DIAGNOSIS, TREATMENT, NEGLIGENCE, MALPRACTICE, OR OTHER ACT OR OMISSION OF A HEALTHCARE PROVIDER;
• A PATIENT’S FAILURE TO OBTAIN APPROPRIATE HEALTHCARE;
• APPOINTMENT CANCELLATION OR UNAVAILABILITY;
• INFORMATION PROVIDED BY A PROVIDER, PATIENT, INSURER, PAYER, OR OTHER THIRD PARTY;
• INSURANCE COVERAGE OR CLAIM DETERMINATIONS;
• BILLING DECISIONS MADE BY A PRACTICE;
• THIRD-PARTY SERVICES OR INTEGRATIONS;
• UNAUTHORIZED ACCESS RESULTING FROM A USER’S FAILURE TO PROTECT CREDENTIALS; OR
• EVENTS OUTSIDE DENTAPPL’S REASONABLE CONTROL.

TO THE FULLEST EXTENT PERMITTED BY LAW, DENTAPPL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) $100; OR
(B) THE AMOUNTS ACTUALLY PAID BY YOU TO DENTAPPL FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this Section apply regardless of the form of action and to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

25. Indemnification

25.1 All users

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dentappl and its affiliates, officers, directors, employees, agents, and contractors from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from:

• your unlawful use of the Services;
• your material violation of these Terms;
• User Content you submit in violation of law or another person’s rights;
• fraud or intentional misconduct by you; or
• unauthorized use of the Services through credentials that you intentionally provided to another person.

25.2 Professional users

A clinic or professional customer will additionally defend, indemnify, and hold harmless Dentappl from third-party claims arising from or relating to:

• professional or clinical services provided by the clinic or its personnel;
• alleged professional negligence or malpractice;
• the clinic’s billing, coding, or insurance claims;
• the clinic’s failure to obtain required consent or authorization;
• the clinic’s violation of healthcare, privacy, employment, billing, consumer-protection, or professional laws;
• information or instructions provided by the clinic to Dentappl; or
• acts or omissions of the clinic’s authorized users.

These obligations do not apply to the extent a claim results from Dentappl’s gross negligence, willful misconduct, or another basis that applicable law does not permit Dentappl to disclaim.

26. Disputes; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

26.1 Informal resolution

Before initiating arbitration or litigation, you and Dentappl agree to attempt in good faith to resolve the dispute informally.

The complaining party must provide written notice describing the dispute, relevant account information, the facts supporting the claim, and the requested resolution.

The parties will have at least thirty (30) days after receipt of the notice to attempt to resolve the matter before initiating arbitration, unless immediate relief is legally necessary.

26.2 Agreement to arbitrate

Except for matters described below, any dispute or claim arising out of or relating to these Terms, the Services, or the relationship between you and Dentappl will be resolved through final and binding individual arbitration rather than in court.

The Federal Arbitration Act governs this arbitration agreement.

For consumers, arbitration will be administered under the applicable consumer arbitration rules of the American Arbitration Association (“AAA”).

For business or professional customers, arbitration will be administered under the applicable AAA commercial arbitration rules unless an applicable Additional Agreement provides otherwise.

26.3 Exceptions

Either party may:

• bring an eligible individual claim in small claims court;
• seek temporary or preliminary injunctive relief where necessary to protect intellectual property, confidential information, security, or prevent unauthorized access to the Services; or
• pursue any right or remedy that applicable law does not permit to be subjected to mandatory arbitration.

Nothing in these Terms prevents you from reporting concerns to a governmental or regulatory authority.

26.4 Individual proceedings only

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DENTAPPL AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Neither party will seek class arbitration.

This provision does not waive any right to public injunctive relief or other remedy that cannot legally be waived.

26.5 Jury trial waiver

To the fullest extent permitted by law, you and Dentappl waive the right to a jury trial for disputes subject to this Section.

26.6 Arbitration opt-out

You may opt out of the arbitration provisions in this Section by providing Dentappl written notice within thirty (30) days after the date you first accept these Terms.

Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement.

Opting out of arbitration will not affect the remaining provisions of these Terms.

26.7 Court proceedings and governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration provisions above.

If a dispute may properly proceed in court rather than arbitration, you and Dentappl consent to the jurisdiction of the applicable state and federal courts located in Los Angeles County, California, except where applicable law requires another forum.

27. Changes to these Terms

Dentappl may update these Terms from time to time to reflect changes to the Services, business practices, technology, or legal requirements.

When we make material changes, we will update the Effective Date and provide additional notice when required by law, such as through the Services or by email.

Changes will apply prospectively from their stated effective date.

If you do not agree to revised Terms, you should stop using the affected Services before the revised Terms become effective.

Continued use after the revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

28. Electronic communications and contracting

You agree that agreements, notices, disclosures, records, and other communications may be provided electronically to the extent permitted by law.

Your electronic acceptance of these Terms has the same legal effect as a handwritten signature where electronic contracting is legally permitted.

You are responsible for maintaining a valid email address and other contact information associated with your account.

29. Assignment

You may not assign or transfer these Terms or your rights to use the Services without Dentappl’s prior written consent.

Dentappl may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, corporate restructuring, or transfer of the applicable business or Services, subject to applicable law.

30. No waiver

Failure by Dentappl to enforce any provision of these Terms does not waive Dentappl’s right to enforce that provision later.

A waiver is effective only if made in writing by an authorized representative.

31. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law or, if necessary, severed.

The remaining provisions will remain in effect.

Special rules contained within the arbitration provisions concerning severability will control with respect to those provisions.

32. Entire agreement

These Terms, together with the Privacy Policy and any applicable Additional Terms, constitute the agreement between you and Dentappl concerning the Services they govern and supersede prior agreements or communications concerning the same subject matter.

Nothing in these Terms modifies an applicable BAA, Order Form, subscription agreement, or other written agreement except as expressly stated in that agreement.

33. Language

The English-language version of these Terms is the controlling version unless applicable law requires otherwise.

Translations may be provided for convenience.

34. Contact

Questions about these Terms may be sent to:

Dentappl, LLC
15442 Ventura Blvd, Ste 101
Sherman Oaks, California
United States

Email: info@dentappl.com