VERSION 2.1
LAST REVISED ON: July 15, 2026
The service, Dentina (the “Service”), is a copyrighted work owned by
VitalAI, Inc. (“Company”, “us”, “our”, “we”). The Service encompasses
the dentina.ai website and includes all related services, applications,
and tools needed to provide the services on the website to you. Certain
features of the Service may be subject to additional guidelines, terms,
or rules, which will be posted on the Service’s website in connection
with such features. All such additional terms, guidelines, and rules are
incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING
TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING
OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF
YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND
WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO
THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT
AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF
THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.
PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW
TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION
10.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED
EXCEPTIONS, THAT DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY
BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE APPLIES ONLY
IF YOU HAVE CREATED AN ACCOUNT, PURCHASED OR SUBSCRIBED TO ANY SERVICES,
OR OTHERWISE ACCESSED OR USED THE SERVICE’S FUNCTIONALITY (BEYOND MERELY
VISITING OR BROWSING THE SERVICE’S PUBLIC WEBSITE PAGES); ALL OTHER
DISPUTES WILL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS
LOCATED IN NEW CASTLE COUNTY, DELAWARE, AS SET FORTH IN SECTION 10.2(L).
SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE
READ SECTION 10.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1)
YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF
AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR
CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. ACCOUNTS
1.1 Account Creation. In order to use certain features of the
Service, you must register for an account (“Account”) and provide
certain information about yourself as prompted by the account
registration form. You represent and warrant that: (a) all required
registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information. You may delete your
Account at any time, by contacting support at the email below. Company
may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account. You agree
to immediately notify Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security.
Company cannot and will not be liable for any loss or damage arising
from your failure to comply with the above requirements.
1.3 Subscription Services. Access to certain features of the Service
requires a paid subscription. Subscriptions are billed in advance on a
recurring basis, with the period defined by the selected subscription
plan (e.g., daily, weekly, monthly, or annually).
1.4 Renewal and Cancellation. Subscriptions automatically renew under
the same terms unless cancelled. You can cancel your subscription by
contacting the Company. No refunds are provided for fees already paid,
but you will maintain access until the end of the current billing
period.
1.5 Payment Information and Procedures. You are required to furnish
the Company with complete and accurate billing details, including your
full name, address, state, zip code, telephone number, and valid payment
method. In instances where automatic billing encounters issues, the
Company will forward an electronic invoice to you. This invoice will
detail the necessary steps to manually complete payment within a
specified timeframe, corresponding to your billing cycle.
1.6 Adjustments to Subscription Charges. The Company reserves the
right to adjust the pricing for its Subscription services at any
discretion and at any moment. Changes to the pricing will take effect
following the conclusion of the current billing cycle.
Subscribers will be notified in advance of any pricing adjustments,
providing an opportunity to cancel the Subscription if so desired before
the new pricing is applied.
By continuing to use the Service after a price adjustment, you accept
the new terms and agree to the revised charges.
1.7 Refund Policy. Subscription charges are generally final and
non-refundable, except as mandated by applicable law. Nonetheless, the
Company retains the right to evaluate refund requests for Subscriptions
individually and may issue refunds at its absolute discretion.
1.8 Trial Offers. The Company occasionally provides a Subscription
trial at no cost for a predefined period. To participate in the Free
Trial, entering billing details may be necessary.
Participants will not incur any charges from the Company during the
Free Trial period. However, unless the Subscription is cancelled before
the end of the Free Trial, subscribers will automatically be charged the
Subscription fees corresponding to their chosen plan at the conclusion
of the trial.
The Company reserves the unilateral right to alter or discontinue the
Free Trial offer at any time, without prior notification.
1.9 Engagement in Promotional Activities. The Service may offer
various promotions, which are subject to their own specific terms,
separate from these general Terms.
We encourage participants of any promotional events to carefully
review the specific rules associated with each promotion, alongside our
Privacy Policy. In instances where promotional terms might diverge from
these general Terms, the specific terms set forth for the promotion will
take precedence.
1.10 Usage-Based Services; Credits. Certain features of the Service
(including outbound calling and text messaging) may be offered on a
prepaid, usage-based credit basis (“Credits”) under your applicable
order form or subscription plan. Unless your order form or subscription
plan expressly states otherwise, Credits are billed in advance, are
non-refundable, have no cash value, and do not roll over or carry
forward between billing periods. Credits are consumed at the consumption
rates (including any premium-campaign rates) set forth in your order
form or subscription plan; usage in excess of your included Credits is
billed in arrears at the overage rate, and is subject to any overage
cap, set forth in your order form or subscription plan; and a one-time,
non-refundable setup fee may apply to each outbound campaign as set
forth in your order form or subscription plan. Any free trial of
usage-based features operates as a hard cap — those features stop when
the trial credit cap or trial period is reached, with no overage — and
automatically converts to a paid subscription in accordance with Section
1.8 unless cancelled before the end of the trial.
2. ACCESS TO THE SERVICE
2.1 License. Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to use and
access the Service solely for your internal business purposes. This
license does not permit the Service to be used for direct commercial
purposes, such as reselling or distributing the Service to third
parties, without a separate agreement with the Company.
2.2 Certain Restrictions. The rights granted to you in these Terms
are subject to the following restrictions: (a) you shall not license,
sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Service, whether in whole or in part, or any
content displayed on the Service; (b) you shall not modify, make
derivative works of, disassemble, reverse compile or reverse engineer
any part of the Service; (c) you shall not access the Service in order
to build a similar or competitive website, product, or service; and (d)
except as expressly stated herein, no part of the Service may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Unless otherwise indicated, any
future release, update, or other addition to functionality of the
Service shall be subject to these Terms. All copyright and other
proprietary notices on the Service (or on any content displayed on the
Service) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify,
suspend, or discontinue the Service (in whole or in part) with or
without notice to you. You agree that Company will not be liable to you
or to any third party for any modification, suspension, or
discontinuation of the Service or any part thereof.
2.4 Ownership. Excluding any User Content that you may provide
(defined below), you acknowledge that all the intellectual property
rights, including copyrights, patents, trade marks, and trade secrets,
in the Service and its content are owned by Company or Company’s
suppliers. Neither these Terms (nor your access to the Service)
transfers to you or any third party any rights, title or interest in or
to such intellectual property rights, except for the limited access
rights expressly set forth in Section 2.1. Company and its suppliers
reserve all rights not granted in these Terms. There are no implied
licenses granted under these Terms.
2.5 Feedback. If you provide Company with any feedback or suggestions
regarding the Service (“Feedback”), you hereby assign to Company all
rights in such Feedback and agree that Company shall have the right to
use and fully exploit such Feedback and related information in any
manner the Company deems appropriate, except where such Feedback is
provided through a designated private communication channel and is
explicitly marked by you as “Confidential” or “Proprietary”. In such
cases, the Company agrees to treat the Feedback as confidential or
proprietary, as indicated. For all other Feedback, Company will treat
any Feedback you provide to Company as non-confidential and
non-proprietary. You agree that, except as expressly stated above, you
will not submit to Company any information or ideas that you consider to
be confidential or proprietary.
2.6 User Eligibility. Access to and use of the Service is permitted
only in strict adherence to these Terms, alongside all relevant local,
state, national, and international laws. Eligibility for use requires
the legal capacity to enter into contracts. The Service is strictly
off-limits to individuals under the age of 18 or to users who have been
specifically barred or removed from the Services by the Company. The
Service is intended for use only by residents of the United States of
America and Canada. Access to the Service from countries or territories
where such access is illegal is prohibited. Users are responsible for
compliance with all local laws applicable to their access and use of the
Service.
2.7 Telephone Conversation Recording. All telephone conversations
involving our Service, including inbound and outbound calls initiated
through the Service, will be recorded. By using the Service, you
acknowledge and agree that call recording, monitoring, transcription,
and summarization may be integral parts of the Service for inbound and
outbound communications. You, not Company, are solely responsible for
determining whether any notice, disclosure, or consent is required
before placing, answering, recording, monitoring, or using an artificial
or pre-recorded voice in a call and for providing and documenting all
such notices and consents.
2.8 Text Messaging Services. In alignment with these Terms, the
Service may send text messages to users who have explicitly agreed to
receive such messages. The Service may send SMS or MMS messages on your
behalf to recipients you identify or upload. You represent and warrant
you have obtained all legally required consents, opt-ins, and
permissions to send such messages, including any prior express consent
or prior express written consent required by applicable law, carrier
rules, or message classification, and that you will maintain records
sufficient to demonstrate such compliance. Recipients may opt out at any
time (e.g., by replying ‘STOP’ where supported). You are solely
responsible for all required registrations, honoring opt‑outs,
do-not-call requests, revocations of consent, quiet hours, and similar
restrictions across all systems you use and maintaining records
sufficient to demonstrate consent and compliance.
2.9 Outbound Calling and Messaging. If you enable outbound calling or
outbound messaging features, you determine the purpose, timing,
audience, sender identity, and content of those communications, and you
are the sender, initiator, and maker of them for purposes of applicable
law.
2.10 Permitted Use Cases. Unless Company agrees otherwise in writing,
outbound features may be used only for healthcare operational and
relationship communications, such as reminders, confirmations, recalls,
reactivations, post-visit follow-up, and related patient engagement
communications, and not for emergency communications, debt collection,
purchased-lead outreach, affiliate marketing, political content, or
other telemarketing or advertising campaigns.
2.11 Carrier and Platform Requirements. You will complete and
maintain all brand, campaign, sender-ID, toll-free, short code, 10DLC,
and similar registrations and approvals required by carriers or
messaging providers, and will timely provide accurate use-case,
sample-message, and consent-flow information requested by Company or a
provider
2.12 Outbound Communication Services. If you enable outbound calling
or outbound messaging features, you acknowledge and agree that you
determine the purpose, timing, and content of such communications and
you are solely responsible for complying with all applicable
telemarketing, robocall/robotext, anti‑spam, do‑not‑call, consumer
protection, and privacy laws, rules, and regulations, as well as carrier
requirements. We may suspend or limit outbound features if we reasonably
believe your use may violate applicable law or carrier policies, result
in excessive complaints, or create risk to the Service.
3. USER CONTENT
3.1 User Content. “User Content” means any and all information and
content that a user submits to, or uses with, the Service (e.g., content
in the user’s profile or user’s practice or patient data). You are
solely responsible for your User Content. You assume all risks
associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of
your User Content that personally identifies you or any third party. You
hereby represent and warrant that your User Content does not violate our
Acceptable Use Policy (defined in Section 3.3). You may not represent or
imply to others that your User Content is in any way provided, sponsored
or endorsed by Company. Since you alone are responsible for your User
Content, you may expose yourself to liability if, for example, your User
Content violates the Acceptable Use Policy. Company is not obligated to
backup any User Content, and your User Content may be deleted at any
time without prior notice. You are solely responsible for creating and
maintaining your own backup copies of your User Content if you
desire.
3.2 License to Use User Content for Service Provision, Development,
and Other Purposes. You hereby grant to the Company a non-exclusive,
royalty-free, fully paid-up, worldwide license to use, copy, modify,
create derivative works from, and otherwise exploit your User Content,
which includes dental practice and patient data, for several purposes.
These purposes include providing and maintaining the Service, account
management, contract performance, communication with users and business
transfers. This comprehensive use of User Content is essential for
monitoring service usage, improving service functionalities, developing
new features, managing user accounts, fulfilling contractual
obligations, managing user requests, and facilitating business
transactions such as mergers or asset transfers. You acknowledge and
agree to the use of your User Content for these purposes, and hereby
irrevocably waive (and agree to cause to be waived), to the extent
permitted by applicable laws, any claims or assertions of moral rights
or attribution with respect to your User Content used under this
license. Be sure to read our privacy policy.
3.3 Acceptable Use Policy. The following terms constitute our
“Acceptable Use Policy”:
(a) You agree not to use the Service to collect, upload, transmit,
display, or distribute any User Content (i) that violates any
third-party right, including any copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right, (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading,
trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group
or individual or is otherwise objectionable, (iii) that is harmful to
minors in any way, or (iv) that is in violation of any law, regulation,
or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or
distribute to or through the Service any computer viruses, worms, or any
software intended to damage or alter a computer system or data; (ii)
send through the Service unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes,
or any other form of duplicative or unsolicited messages in violation of
applicable law or carrier policies; (iii) use the Service to harvest,
collect, gather or assemble information or data regarding other users,
including e-mail addresses, without their consent; (iv) interfere with,
disrupt, or create an undue burden on servers or networks connected to
the Service, or violate the regulations, policies or procedures of such
networks; (v) attempt to gain unauthorized access to the Service (or to
other computer systems or networks connected to or used together with
the Service), whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the
Service; or (vii) use software or automated agents or scripts to produce
multiple accounts on the Service, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the
Service (provided, however, that we conditionally grant to the operators
of public search engines revocable permission to use spiders to copy
materials from the Service for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials, subject to
the parameters set forth in our robots.txt file). You further agree not
to use the Service to: (viii) send messages or place calls using
purchased, rented, appended, or scraped lists; (ix) evade spam filtering
or blocking, including through caller-ID spoofing, snowshoeing, number
rotation, or misleading sender names; (x) transmit content prohibited by
carrier or provider rules; or (xi) use the Service in any manner that
could reasonably cause Company or its providers to be blocked, fined,
throttled, suspended, or subjected to complaints or investigations.
3.4 Enforcement. We reserve the right (but have no obligation) to
review, refuse and/or remove any User Content in our sole discretion,
and to investigate and/or take appropriate action against you in our
sole discretion if you violate the Acceptable Use Policy or any other
provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or
reporting you to law enforcement authorities.
4. INDEMNIFICATION
You agree to indemnify and hold Company (and its officers, employees,
agents, suppliers, carriers, messaging providers, and subcontractors)
harmless, including costs and attorneys’ fees, from any claim, demand,
complaint, arbitration, investigation, fine, penalty, carrier
assessment, surcharge, or other liability arising out of or relating to
(a) your use of the Service, (b) your violation of these Terms, (c) your
violation of applicable laws, regulations, or carrier or provider
requirements, (d) your User Content, or (e) any outbound call or message
placed, sent, or attempted through the Service on your behalf, including
your consent practices, call-recording practices, caller-ID practices,
content, recipient lists, or failure to honor opt-outs.
5. THIRD-PARTY LINKS & ADS; OTHER USERS
5.1 Third-Party Links & Ads. The Service may contain links to
third-party websites and services, and/or display advertisements for
third parties (collectively, “Third-Party Links & Ads”). Such
Third-Party Links & Ads are not under the control of Company, and
Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a
convenience to you, and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party Links
& Ads. You use all Third-Party Links & Ads at your own risk, and
should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links & Ads, the applicable
third party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever
investigation you feel necessary or appropriate before proceeding with
any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users. Each Service user is solely responsible for any and
all of its own User Content. Since we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content,
whether provided by you or by others. We make no guarantees regarding
the accuracy, currency, suitability, appropriateness, or quality of any
User Content. Your interactions with other Service users are solely
between you and such users. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Service user, we
are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge Company (and
our officers, employees, agents, successors, and assigns) from, and
hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature (including personal
injuries, death, and property damage), that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly
to, the Service (including any interactions with, or act or omission of,
other Service users or any Third-Party Links & Ads). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542
IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
6. DISCLAIMERS
COMPANY DOES NOT PROVIDE LEGAL ADVICE, DOES NOT CLASSIFY YOUR
COMMUNICATIONS FOR LEGAL PURPOSES, AND DOES NOT GUARANTEE ANY CALL OR
MESSAGE WILL BE DELIVERED, COMPLETED, OR ACCEPTED BY ANY CARRIER,
DEVICE, OR PLATFORM. DELIVERY MAY BE DELAYED, FILTERED, THROTTLED,
LABELED AS SPAM, OR BLOCKED FOR REASONS OUTSIDE COMPANY’S CONTROL. THE
SERVICE IS NOT INTENDED FOR EMERGENCY COMMUNICATIONS OR TIME-SENSITIVE
CLINICAL TRIAGE. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE.
IN ADDITION TO THE ABOVE DISCLAIMERS, YOU ACKNOWLEDGE AND AGREE THAT
THE OUTPUTS GENERATED BY THE SERVICE, INCLUDING ANY GENERATIVE AI
FUNCTIONALITIES, MAY NOT ALWAYS BE ACCURATE, RELIABLE, OR APPROPRIATE
FOR ALL PURPOSES. THE SERVICE MAY PRODUCE RESULTS THAT COULD BE
CONSIDERED “HALLUCINATION” OUTPUT, WHERE THE GENERATED CONTENT MAY
APPEAR TO BE FACTUAL OR ACCURATE BUT IS NOT VERIFIED AND MAY BE
INCORRECT OR MISLEADING. AS SUCH, WE EXPRESSLY DISCLAIM ANY WARRANTIES
REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY OF ANY OUTPUTS
GENERATED BY THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IT IS
YOUR RESPONSIBILITY TO REVIEW, VALIDATE, AND VERIFY THE OUTPUTS
GENERATED BY THE SERVICE BEFORE RELYING ON THEM FOR ANY PURPOSE. THE
COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS, INACCURACIES, OR THE
RELIANCE ON ANY GENERATED OUTPUTS BY THE SERVICE. YOUR USE OF ANY
INFORMATION OR OUTPUTS PROVIDED BY THE SERVICE IS AT YOUR OWN RISK AND
DISCRETION, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF
USING SUCH OUTPUTS.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE
DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR
OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY
OTHER MATTER RELATING TO THESE TERMS OR THE SERVICES, WHETHER AS A
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE OR
PASSIVE), OR ANY OTHER THEORY OF LIABILITY. ACCESS TO, AND USE OF, THE
SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF
DATA RESULTING THEREFROM.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR ANY
FINES, PENALTIES, STATUTORY DAMAGES, CLASS ACTION EXPOSURE, CARRIER
CHARGES, PROVIDER CHARGES, BLOCKING, THROTTLING, REGISTRATION FAILURES,
NUMBER SUSPENSIONS, OR OTHER LOSSES ARISING OUT OF OR RELATING TO
OUTBOUND CALLING OR MESSAGING FEATURES OR YOUR USE OF THEM. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING
FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF
FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE
THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY
KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION. Subject to this Section, these Terms will
remain in full force and effect while you use the Service. We may
suspend, throttle, restrict, or terminate your rights to use the
Service, any outbound calling or messaging feature, any number, send ID,
campaign, or Account immediately if we reasonably believe your use may
violate applicable law or carrier or provider requirements, create
unusual complaints or opt-outs, or expose the Service or its providers
to blocking, fines, investigations, or other risk. Upon termination of
your rights under these Terms, your Account and right to access and use
the Service will terminate immediately. You understand that any
termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not
have any liability whatsoever to you for any termination of your rights
under these Terms, including for termination of your Account or deletion
of your User Content. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in
effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through
10.
9. COPYRIGHT POLICY. Company respects the intellectual property of
others and asks that users of our Service do the same. In connection
with our Service, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials
and for the termination, in appropriate circumstances, of users of our
online Service who are repeat infringers of intellectual property
rights, including copyrights. If you believe that one of our users is,
through the use of our Service, unlawfully infringing the copyright(s)
in a work, and wish to have the allegedly infringing material removed,
the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated
Copyright
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have
been infringed;
3. sufficient information to permit us to locate such material;
4. your address, telephone number, and e-mail address;
5. a statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
6. a statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the
copyright that has allegedly been infringed or that you are authorized
to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact (falsities) in a written notification
automatically subjects the complaining party to liability for any
damages, costs and attorney’s fees incurred by us in connection with the
written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is: VitalAI, Inc.
Designated Agent: VitalAI, Inc.
Address of Agent: 1111b South Governors Avenue, Suite 3852, Dover,
Delaware 19904
Telephone: (323) 283-8368
Email: support@dentina.ai
10. GENERAL
10.1 Changes. These Terms are subject to occasional revision, and if
we make any substantial changes, we may notify you by sending you an
e-mail to the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Service. You are
responsible for providing us with your most current e-mail address. In
the event that the last e-mail address that you have provided us is not
valid, or for any reason is not capable of delivering to you the notice
described above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the
notice. Continued use of our Service following notice of such changes
shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes.
10.2 Dispute Resolution. Please read the following arbitration
agreement in this Section (the “Arbitration Agreement”) carefully. The
Arbitration Agreement requires you to arbitrate disputes with Company,
its parent companies, subsidiaries, affiliates, successors and assigns
and all of their respective officers, directors, employees, agents, and
representatives (collectively, the “Company Parties”) and limits the
manner in which you can seek relief from the Company Parties.
(a) Applicability of Arbitration Agreement. You agree that any
dispute between you and any of the Company Parties relating in any way
to the Service, the services offered on the Service (the “Services”) or
these Terms will be resolved by binding arbitration, rather than in
court, except that (1) you and the Company Parties may assert
individualized claims in small claims court if the claims qualify,
remain in such court and advance solely on an individual, non-class
basis; and (2) you or the Company Parties may seek equitable relief in
court for infringement or other misuse of intellectual property rights
(such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). This Arbitration Agreement applies only if you
have created an Account, purchased or subscribed to any Services, or
otherwise accessed or used the Service’s functionality (beyond merely
visiting or browsing the Service’s public website pages). Any Dispute
involving a person who has done none of the foregoing is not subject to
this Arbitration Agreement (including the Informal Dispute Resolution
process described below) and shall be resolved exclusively as set forth
in Section 10.2(l). If you or the entity you represent have entered into
a separate written agreement with Company governing the Services (such
as a Platform Subscription Agreement), the dispute resolution provisions
of that agreement control to the extent they conflict with this Section
10.2. Either party may elect to have a Dispute that qualifies for small
claims court heard in small claims court at any time before an
arbitrator is appointed, including after a request for arbitration has
been filed, in which case the arbitration shall be administratively
closed. This Arbitration Agreement shall survive the expiration or
termination of these Terms and shall apply, without limitation, to all
claims that arose or were asserted before you agreed to these Terms (in
accordance with the preamble) or any prior version of these Terms. This
Arbitration Agreement does not preclude you from bringing issues to the
attention of federal, state or local agencies. Such agencies can, if the
law allows, seek relief against the Company Parties on your behalf. For
purposes of this Arbitration Agreement, “Dispute” will also include
disputes that arose or involve facts occurring before the existence of
this or any prior versions of the Agreement as well as claims that may
arise after the termination of these Terms.
(b) Informal Dispute Resolution. There might be instances when a
Dispute arises between you and Company. If that occurs, Company is
committed to working with you to reach a reasonable resolution. You and
Company agree that good faith informal efforts to resolve Disputes can
result in a prompt, low‐cost and mutually beneficial outcome. You and
Company therefore agree that before either party commences arbitration
against the other (or initiates an action in small claims court if a
party so elects), we will personally meet and confer telephonically or
via videoconference, in a good faith effort to resolve informally any
Dispute covered by this Arbitration Agreement (“Informal Dispute
Resolution Conference”). If you are represented by counsel, your counsel
may participate in the conference, but you will also participate in the
conference.
The party initiating a Dispute must give notice to the other party in
writing of its intent to initiate an Informal Dispute Resolution
Conference (“Notice”), which shall occur within 45 days after the other
party receives such Notice, unless an extension is mutually agreed upon
by the parties. Notice to Company that you intend to initiate an
Informal Dispute Resolution Conference should be sent by email to:
support@dentina.ai, or by regular mail to 1111b South Governors Avenue,
Suite 3852, Dover, Delaware 19904. The Notice must include: (1) your
name, telephone number, mailing address, e‐mail address associated with
your account (if you have one); (2) the name, telephone number, mailing
address and e‐mail address of your counsel, if any; (3) a description of
your Dispute; (4) your personal signature; and (5) a description of your
relationship to the Service (including, as applicable, any account,
subscription, purchase, or use of the Service).
The Informal Dispute Resolution Conference shall be individualized
such that a separate conference must be held each time either party
initiates a Dispute, even if the same law firm or group of law firms
represents multiple users in similar cases, unless all parties agree;
multiple individuals initiating a Dispute cannot participate in the same
Informal Dispute Resolution Conference unless all parties agree. In the
time between a party receiving the Notice and the Informal Dispute
Resolution Conference, nothing in this Arbitration Agreement shall
prohibit the parties from engaging in informal communications to resolve
the initiating party’s Dispute. Engaging in the Informal Dispute
Resolution Conference is a condition precedent and requirement that must
be fulfilled before commencing arbitration. The statute of limitations
and any filing fee deadlines shall be tolled while the parties engage in
the Informal Dispute Resolution Conference process required by this
section.
(c) Arbitration Rules and Forum. These Terms evidence a transaction
involving interstate commerce; and notwithstanding any other provision
herein with respect to the applicable substantive law, the Federal
Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation
and enforcement of this Arbitration Agreement and any arbitration
proceedings. If the Informal Dispute Resolution Process described above
does not resolve satisfactorily within 60 days after receipt of your
Notice, you and Company agree that either party shall have the right to
finally resolve the Dispute through binding arbitration. The Federal
Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. The arbitration will be conducted by JAMS, an
established alternative dispute resolution provider. Disputes involving
claims and counterclaims with an amount in controversy under $250,000,
not inclusive of attorneys’ fees and interest, shall be subject to JAMS’
most current version of the Streamlined Arbitration Rules and procedures
available at http://www.jamsadr.com/rules-streamlined-arbitration/; all
other claims shall be subject to JAMS’s most current version of the
Comprehensive Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules
are also available at www.jamsadr.com or by calling JAMS at
800-352-5267. A party who wishes to initiate arbitration must provide
the other party with a request for arbitration (the “Request”). The
Request must include: (1) the name, telephone number, mailing address,
e‐mail address of the party seeking arbitration and the account username
(if applicable) as well as the email address associated with any
applicable account; (2) a statement of the legal claims being asserted
and the factual bases of those claims; (3) a description of the remedy
sought and an accurate, good‐faith calculation of the amount in
controversy in United States Dollars; (4) a statement certifying
completion of the Informal Dispute Resolution process as described
above; and (5) evidence that the requesting party has paid any necessary
filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the
Request shall also include counsel’s name, telephone number, mailing
address, and email address. Such counsel must also sign the Request. By
signing the Request, counsel certifies to the best of counsel’s
knowledge, information, and belief, formed after an inquiry reasonable
under the circumstances, that: (1) the Request is not being presented
for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of dispute resolution; (2) the claims,
defenses and other legal contentions are warranted by existing law or by
a nonfrivolous argument for extending, modifying, or reversing existing
law or for establishing new law; and (3) the factual and damages
contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for
further investigation or discovery.
Unless you and Company otherwise agree, or the Batch Arbitration
process discussed in Subsection 10.2(h) is triggered, the arbitration
will be conducted in the county where you reside. Subject to the JAMS
Rules, the arbitrator may direct a limited and reasonable exchange of
information between the parties, consistent with the expedited nature of
the arbitration. If the JAMS is not available to arbitrate, the parties
will select an alternative arbitral forum. Your responsibility to pay
any JAMS fees and costs will be solely as set forth in the applicable
JAMS Rules.
You and Company agree that all materials and documents exchanged
during the arbitration proceedings shall be kept confidential and shall
not be shared with anyone except the parties’ attorneys, accountants, or
business advisors, and then subject to the condition that they agree to
keep all materials and documents exchanged during the arbitration
proceedings confidential.
(d) Authority of Arbitrator. The arbitrator shall have exclusive
authority to resolve all disputes subject to arbitration hereunder
including, without limitation, any dispute related to the
interpretation, applicability, enforceability or formation of this
Arbitration Agreement or any portion of the Arbitration Agreement,
except for the following: (1) all Disputes arising out of or relating to
the subsection entitled “Waiver of Class or Other Non-Individualized
Relief,” including any claim that all or part of the subsection entitled
“Waiver of Class or Other Non-Individualized Relief” is unenforceable,
illegal, void or voidable, or that such subsection entitled “Waiver of
Class or Other Non-Individualized Relief” has been breached, shall be
decided by a court of competent jurisdiction and not by an arbitrator;
(2) except as expressly contemplated in the subsection entitled “Batch
Arbitration,” all Disputes about the payment of arbitration fees shall
be decided only by a court of competent jurisdiction and not by an
arbitrator; (3) all Disputes about whether either party has satisfied
any condition precedent to arbitration shall be decided only by a court
of competent jurisdiction and not by an arbitrator; and (4) all Disputes
about which version of the Arbitration Agreement applies shall be
decided only by a court of competent jurisdiction and not by an
arbitrator. The arbitration proceeding will not be consolidated with any
other matters or joined with any other cases or parties, except as
expressly provided in the subsection entitled “Batch Arbitration.” The
arbitrator shall have the authority to grant motions dispositive of all
or part of any claim or dispute. The arbitrator shall have the authority
to award monetary damages and to grant any non-monetary remedy or relief
available to an individual party under applicable law, the arbitral
forum’s rules, and these Terms (including the Arbitration Agreement).
The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which any award (or
decision not to render an award) is based, including the calculation of
any damages awarded. The arbitrator shall follow the applicable law. The
award of the arbitrator is final and binding upon you and us. Judgment
on the arbitration award may be entered in any court having
jurisdiction.
(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 10.2(A) YOU
AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY
RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and the Company Parties are instead electing that all covered claims
and disputes shall be resolved exclusively by arbitration under this
Arbitration Agreement, except as specified in Section 10.2(a) above. An
arbitrator can award on an individual basis the same damages and relief
as a court and must follow these Terms as a court would. However, there
is no judge or jury in arbitration, and court review of an arbitration
award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief. YOU AND
COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 10.2(H) EACH OF US
MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT
ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY
WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED,
RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS
ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE
THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration
Agreement, the arbitrator may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by the party’s individual
claim. Nothing in this paragraph is intended to, nor shall it, affect
the terms and conditions under the Subsection 10.2(h) entitled “Batch
Arbitration.” Notwithstanding anything to the contrary in this
Arbitration Agreement, if a court decides by means of a final decision,
not subject to any further appeal or recourse, that the limitations of
this subsection, “Waiver of Class or Other Non-Individualized Relief,”
are invalid or unenforceable as to a particular claim or request for
relief (such as a request for public injunctive relief), you and Company
agree that that particular claim or request for relief (and only that
particular claim or request for relief) shall be severed from the
arbitration and may be litigated in the state or federal courts located
in the State of Delaware. All other Disputes shall be resolved by
arbitration under this Arbitration Agreement or, if qualifying and so
elected, in small claims court. This subsection does not prevent you or
Company from participating in a class-wide settlement of claims.
(g) Attorneys’ Fees and Costs. The parties shall bear their own
attorneys’ fees and costs in arbitration unless the arbitrator finds
that either the substance of the Dispute or the relief sought in the
Request was frivolous or was brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure
11(b)). If you or Company need to invoke the authority of a court of
competent jurisdiction to compel arbitration, then the party that
obtains an order compelling arbitration in such action shall have the
right to collect from the other party its reasonable costs, necessary
disbursements, and reasonable attorneys’ fees incurred in securing an
order compelling arbitration. The prevailing party in any court action
relating to whether either party has satisfied any condition precedent
to arbitration, including the Informal Dispute Resolution Process, is
entitled to recover their reasonable costs, necessary disbursements, and
reasonable attorneys’ fees and costs. If the arbitrator finds that the
substance of the Dispute or the relief sought in the Request was
frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), you shall
reimburse Company for all JAMS fees and costs that Company paid on your
behalf or was required to pay by reason of your Dispute, to the extent
permitted by applicable law and the applicable JAMS Rules.
(h) Batch Arbitration. To increase the efficiency of administration
and resolution of arbitrations, you and Company agree that in the event
that there are 100 or more individual Requests of a substantially
similar nature filed against Company by or with the assistance of the
same law firm, group of law firms, or organizations, within a 30 day
period (or as soon as possible thereafter), the JAMS shall (1)
administer the arbitration demands in batches of 100 Requests per batch
(plus, to the extent there are less than 100 Requests left over after
the batching described above, a final batch consisting of the remaining
Requests); (2) appoint one arbitrator for each batch; and (3) provide
for the resolution of each batch as a single consolidated arbitration
with one set of filing and administrative fees due per side per batch,
one procedural calendar, one hearing (if any) in a place to be
determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature”
if they arise out of or relate to the same event or factual scenario and
raise the same or similar legal issues and seek the same or similar
relief. To the extent the parties disagree on the application of the
Batch Arbitration process, the disagreeing party shall advise the JAMS,
and the JAMS shall appoint a sole standing arbitrator to determine the
applicability of the Batch Arbitration process (“Administrative
Arbitrator”). In an effort to expedite resolution of any such dispute by
the Administrative Arbitrator, the parties agree the Administrative
Arbitrator may set forth such procedures as are necessary to resolve any
disputes promptly. The Administrative Arbitrator’s fees shall be paid by
Company. You and Company agree to cooperate in good faith with the JAMS
to implement the Batch Arbitration process including the payment of
single filing and administrative fees for batches of Requests, as well
as any steps to minimize the time and costs of arbitration, which may
include: (1) the appointment of a discovery special master to assist the
arbitrator in the resolution of discovery disputes; and (2) the adoption
of an expedited calendar of the arbitration proceedings. This Batch
Arbitration provision shall in no way be interpreted as authorizing a
class, collective and/or mass arbitration or action of any kind, or
arbitration involving joint or consolidated claims under any
circumstances, except as expressly set forth in this provision.
(i) 30-Day Right to Opt Out. You have the right to opt out of the
provisions of this Arbitration Agreement by sending a timely written
notice of your decision to opt out to the following address: 1111b South
Governors Avenue, Suite 3852, Dover, Delaware 19904, or email to
support@dentina.ai, within 30 days after first becoming subject to this
Arbitration Agreement. Your notice must include your name and address
and a clear statement that you want to opt out of this Arbitration
Agreement. If you opt out of this Arbitration Agreement, all other parts
of these Terms will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements
that you may currently have with us, or may enter into in the future
with us.
(j) Invalidity, Expiration. Except as provided in the subsection
entitled “Waiver of Class or Other Non-Individualized Relief”, if any
part or parts of this Arbitration Agreement are found under the law to
be invalid or unenforceable, then such specific part or parts shall be
of no force and effect and shall be severed and the remainder of the
Arbitration Agreement shall continue in full force and effect. You
further agree that any Dispute that you have with Company as detailed in
this Arbitration Agreement must be initiated via arbitration within the
applicable statute of limitation for that claim or controversy, or it
will be forever time barred. Likewise, you agree that all applicable
statutes of limitation will apply to such arbitration in the same manner
as those statutes of limitation would apply in the applicable court of
competent jurisdiction.
(k) Modification. Notwithstanding any provision in these Terms to the
contrary, we agree that if Company makes any future material change to
this Arbitration Agreement, you may reject that change within 30 days of
such change becoming effective by writing Company at the following
address: 1111b South Governors Avenue, Suite 3852, Dover, Delaware
19904, or email to support@dentina.ai. Unless you reject the change
within 30 days of such change becoming effective by writing to Company
in accordance with the foregoing, your continued use of the Service
and/or Services, including the acceptance of products and services
offered on the Service following the posting of changes to this
Arbitration Agreement constitutes your acceptance of any such changes.
Changes to this Arbitration Agreement do not provide you with a new
opportunity to opt out of the Arbitration Agreement if you have
previously agreed to a version of these Terms and did not validly opt
out of arbitration. If you reject any change or update to this
Arbitration Agreement, and you were bound by an existing agreement to
arbitrate Disputes arising out of or relating in any way to your access
to or use of the Services or of the Service, any communications you
receive, any products sold or distributed through the Service, the
Services, or these Terms, the provisions of this Arbitration Agreement
as of the date you first accepted these Terms (or accepted any
subsequent changes to these Terms) remain in full force and effect.
Company will continue to honor any valid opt outs of the Arbitration
Agreement that you made to a prior version of these Terms.
(l) Governing Law; Forum for Non-Arbitrable Disputes. These Terms and
any Dispute are governed by the laws of the State of Delaware without
regard to its conflict of laws principles, except that the Federal
Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement as set forth in Section 10.2(c). Any Dispute that
is not subject to arbitration under this Arbitration Agreement (other
than a qualifying claim a party elects to bring in small claims court)
shall be brought exclusively in the state or federal courts located in
New Castle County, Delaware, and you and Company irrevocably consent to
the personal jurisdiction of, and venue in, such courts and waive any
objection to such courts as an inconvenient forum. To the extent
permitted by applicable law, any proceeding in court shall be conducted
only on an individual basis and not as a class, collective,
consolidated, or representative action.
10.3 Export. The Service may be subject to U.S. export control laws
and may be subject to export or import regulations in other countries.
You agree not to export, reexport, or transfer, directly or indirectly,
any U.S. technical data acquired from Company, or any products utilizing
such data, in violation of the United States export laws or
regulations.
10.4 Disclosures. Company is located at the address in Section 10.8.
If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing
at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.
10.5 Electronic Communications. The communications between you and
Company use electronic means, whether you use the Service or send us
emails, or whether Company posts notices on the Service or communicates
with you via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were in a
hardcopy writing. The foregoing does not affect your non-waivable
rights.
10.6 Entire Terms. These Terms constitute the entire agreement
between you and us regarding the use of the Service. Our failure to
exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual
effect. The word “including” means “including without limitation”. If
any provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired
and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to Company is that of an independent contractor, and
neither party is an agent or partner of the other. These Terms, and your
rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior
written consent, and any attempted assignment, subcontract, delegation,
or transfer in violation of the foregoing will be null and void. Company
may freely assign these Terms. The terms and conditions set forth in
these Terms shall be binding upon assignees.
10.7 U.S. Federal Government End User Rights. If you are using the
Service in your capacity as a U.S. federal government end user, the
Service constitutes a “Commercial Item,” as defined at 48 C.F.R. §2.101,
consisting of “Commercial Computer Software” and “Commercial Computer
Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or
48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being
licensed to U.S. government end users (a) only as Commercial Items and
(b) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
10.8 Copyright/Trademark Information. Copyright © 2026 VitalAI, Inc.
All rights reserved. All trademarks, logos and service marks (“Marks”)
displayed on the Service are our property or the property of other third
parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the
Marks.
10.9 Contact Information:
VitalAI, Inc.
Address:
1111b South Governors Avenue
Suite 3852
Dover, Delaware 19904
Telephone: (323) 283-8368
Email: support@dentina.ai