Terms of Service

1. Acceptance of Terms

By accessing and using MyDentalPMS, including all associated services, applications, and content, you agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our service.

MyDentalPMS reserves the right to modify these terms at any time. Your continued use of the service following such modifications constitutes your acceptance of the modified terms. We recommend reviewing these terms periodically.

These Terms of Service constitute the entire agreement between you and MyDentalPMS regarding your use of the service, superseding any prior agreements, understandings, or communications.

2. Description of Service

MyDentalPMS is a cloud-based Software-as-a-Service (SaaS) platform designed specifically for dental practice management. Our service includes:

Core Features

• Patient records management and clinical documentation
• Appointment scheduling and calendar management
• Treatment planning and clinical notes
• Billing and insurance claim processing
• Reporting and analytics dashboard
• Secure messaging and communication
• Multi-user access with role-based permissions
• Automated backup and disaster recovery

Features may vary by subscription plan. Additional features, integrations, and services may be available for additional fees. MyDentalPMS may add, remove, or modify features at any time at our discretion.

3. Account Registration

To use MyDentalPMS, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Complying with all applicable healthcare laws and regulations
• Ensuring users have proper authorization to access patient information

User Qualification

Accounts may only be created by:

• Licensed dental professionals (dentists, hygienists, specialists)
• Dental practice owners and administrators
• Authorized staff members under supervision of licensed practitioners

Users must be at least 18 years old and authorized to handle patient health information under applicable laws including HIPAA.

4. Subscription and Fees

MyDentalPMS offers tiered subscription plans with the following pricing structure (USD, billed monthly):

Payment Terms

• Subscriptions are billed monthly on the anniversary of your sign-up date
• All fees are charged to your designated payment method
• Billing disputes must be reported within 30 days of the charge
• Failed payments may result in service suspension after 15 days
• Annual payment options may offer a discount (to be specified at sign-up)

Additional Fees

The following services may incur additional charges:

• Additional user seats beyond plan limits: $25/user/month
• Premium integrations (EHR connections, specialized software): $49-$199/month
• Custom development or data migration services: negotiated rates
• Premium support packages: tiered pricing available

5. HIPAA and Compliance

MyDentalPMS is a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA) and complies with all applicable healthcare data protection regulations.

Compliance Requirements

• A signed Business Associate Agreement (BAA) must be in place before accessing patient health information
• Users must receive and complete HIPAA training prior to handling patient data
• All users must acknowledge and comply with HIPAA Security Rule and Privacy Rule requirements
• Practices must implement appropriate administrative, physical, and technical safeguards
• Breach notification protocols must be followed in case of unauthorized access

Audit and Inspection Rights

MyDentalPMS maintains the right to audit and test security controls to ensure compliance with HIPAA requirements and these terms. Users grant MyDentalPMS and authorized regulators the right to inspect systems and records as necessary.

6. Acceptable Use Policy

Users agree not to use MyDentalPMS in any manner that violates applicable laws or the rights of others. Prohibited uses include:

• Accessing patient information beyond your authorized scope of practice
• Sharing account credentials or allowing unauthorized access
• Attempting to gain unauthorized access to systems, databases, or accounts
• Harassing, threatening, or defaming other users or patients
• Uploading malware, viruses, or other harmful code
• Using the service for non-dental purposes or commercial activities
• Violating patient privacy, confidentiality, or consent requirements
• Altering, tampering with, or falsifying medical records
• Using excessive system resources or attempting denial-of-service attacks
• Reverse engineering, decompiling, or attempting to modify the software

Violations of this policy may result in account suspension or termination, legal action, and liability for damages.

7. Intellectual Property

MyDentalPMS retains all right, title, and interest in the service, including all software, code, databases, design, content, and intellectual property. The service is licensed to you for use according to these terms, not sold.

License Grant

Subject to these terms and payment of fees, MyDentalPMS grants you a limited, non-exclusive, non-transferable license to use the service for your dental practice's internal operations.

User-Generated Content

You retain ownership of all clinical data, patient records, and other content you create within MyDentalPMS. By using the service, you grant MyDentalPMS a limited license to use this content solely to provide the service, including backup, security, and analytics functions.

You may not sell, transfer, or license your use of the service to other parties without written permission from MyDentalPMS.

8. Data Ownership and Control

All patient data, clinical records, and patient-related information entered into MyDentalPMS are the exclusive property of your dental practice. MyDentalPMS does not claim ownership of this data.

Data Rights

• You retain full ownership and control of all patient information
• You may request and export your data at any time in standard formats
• Upon account termination, we will provide reasonable assistance for data transition
• Data will be securely deleted per our retention policy unless legal holds apply

Data Portability

Upon termination of your subscription, MyDentalPMS will provide your data in a standard electronic format within 30 days, subject to any outstanding payment obligations. You are responsible for downloading and archiving your data if required by law.

9. Limitation of Liability

To the maximum extent permitted by law:

Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MyDentalPMS does not warrant that the service will be uninterrupted, error-free, or meet your specific requirements. We do not guarantee specific results or outcomes from use of the service.

Liability Cap

EXCEPT FOR BREACHES OF HIPAA COMPLIANCE OR GROSS NEGLIGENCE, MYDENTALPMS' TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

MyDentalPMS shall not be liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunity
• Third-party claims or damages
• User error or misuse of the service
• Unauthorized access due to user negligence

10. Termination

Your use of MyDentalPMS may be terminated by you or by MyDentalPMS under the following circumstances:

Termination by User

You may terminate your subscription at any time by providing written notice. Your subscription will terminate at the end of the current billing period. No refunds will be issued for partially-used months.

Termination by MyDentalPMS

MyDentalPMS may terminate or suspend your account immediately if you:

• Violate these Terms of Service or applicable laws
• Fail to pay fees after 30 days of notice
• Threaten, harass, or defame others through the service
• Compromise the security or integrity of the platform
• Lose proper licensing or authorization to practice dentistry

Effect of Termination

• All rights granted to you terminate immediately
• You must cease all use of the service
• MyDentalPMS will provide a reasonable period to export your data
• Data will be retained per our Data Retention Policy
• Termination does not relieve you of obligations incurred during your use

11. Dispute Resolution

Any disputes arising from these Terms of Service or your use of MyDentalPMS shall be resolved as follows:

Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes through good-faith negotiation with MyDentalPMS management. Contact [email protected] to initiate resolution discussions.

Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator in the jurisdiction where the claim arises.

Class Action Waiver

You agree that disputes shall be resolved on an individual basis. You waive your right to participate in class actions, collective proceedings, or representative litigation.

Injunctive Relief

Notwithstanding the arbitration provision, either party may seek injunctive or equitable relief in court to prevent irreparable harm, including unauthorized access to systems or breach of intellectual property rights.

12. Governing Law

These Terms of Service and your use of MyDentalPMS shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

You consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any legal action arising from these terms or your use of the service.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Contact Us

For questions about these Terms of Service, account matters, or service-related concerns, please contact:

We are committed to providing excellent customer service and addressing all concerns promptly and professionally. Your feedback helps us improve MyDentalPMS for all users.