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.<\/p>\n
THESE TERMS OF USE (THESE \u201cTERMS\u201d) 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.<\/p>\n
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 ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 10.2 CAREFULLY.<\/p>\n
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.<\/p>\n
1. ACCOUNTS<\/p>\n
1.1 Account Creation. In order to use certain features of the Service, you must register for an account (\u201cAccount\u201d) 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.<\/p>\n
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.<\/p>\n
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).<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
By continuing to use the Service after a price adjustment, you accept the new terms and agree to the revised charges.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
The Company reserves the unilateral right to alter or discontinue the Free Trial offer at any time, without prior notification.<\/p>\n
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.<\/p>\n
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.<\/p>\n
2. ACCESS TO THE SERVICE<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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\u2019s 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.<\/p>\n
2.5 Feedback. If you provide Company with any feedback or suggestions regarding the Service (\u201cFeedback\u201d), 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 \u201cConfidential\u201d or \u201cProprietary\u201d. 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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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 \u2018STOP\u2019 where supported). You are solely responsible for all required registrations, honoring opt\u2011outs, 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.<\/p>\n
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.<\/strong><\/p>\n 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.<\/strong><\/p>\n 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<\/strong><\/p>\n 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\u2011spam, do\u2011not\u2011call, 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.<\/p>\n 3. USER CONTENT<\/p>\n 3.1 User Content. \u201cUser Content\u201d means any and all information and content that a user submits to, or uses with, the Service (e.g., content in the user\u2019s 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.<\/p>\n 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.<\/p>\n 3.3 Acceptable Use Policy. The following terms constitute our \u201cAcceptable Use Policy\u201d:<\/p>\n (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\u2019s 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.<\/p>\n (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\u2019s 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.<\/p>\n 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.<\/p>\n 4. INDEMNIFICATION<\/p>\n You agree to indemnify and hold Company (and its officers, employees, agents, suppliers, carriers, messaging providers, and subcontractors) harmless, including costs and attorneys\u2019 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.<\/p>\n 5. THIRD-PARTY LINKS & ADS; OTHER USERS<\/p>\n 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, \u201cThird-Party Links & Ads\u201d). 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\u2019s terms and policies apply, including the third party\u2019s 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.<\/p>\n 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.<\/p>\n 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: \u201cA 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.\u201d<\/p>\n 6. DISCLAIMERS<\/p>\n 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\u2019S CONTROL. THE SERVICE IS NOT INTENDED FOR EMERGENCY COMMUNICATIONS OR TIME-SENSITIVE CLINICAL TRIAGE. THE SERVICE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 7. LIMITATION ON LIABILITY<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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. \u00a7 512(c)) must be provided to our designated Copyright<\/p>\n 1. your physical or electronic signature;<\/p>\n 2. identification of the copyrighted work(s) that you claim to have been infringed;<\/p>\n 4. sufficient information to permit us to locate such material;<\/p>\n 5. your address, telephone number, and e-mail address;<\/p>\n 6. 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<\/p>\n 7. 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.<\/p>\n Please note that, pursuant to 17 U.S.C. \u00a7 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\u2019s fees incurred by us in connection with the written notification and allegation of copyright infringement.<\/p>\n The designated Copyright Agent for Company is: VitalAI, Inc.<\/p>\n Designated Agent: VitalAI, Inc.<\/p>\n Address of Agent: 1111b South Governors Avenue, Suite 3852, Dover, Delaware 19904<\/p>\n Telephone: (323) 283-8368<\/p>\n Email: support@dentina.ai<\/a><\/p>\n 10. GENERAL<\/p>\n 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.<\/p>\n 10.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the \u201cArbitration Agreement\u201d) 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 \u201cCompany Parties\u201d) and limits the manner in which you can seek relief from the Company Parties.<\/p>\n (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 \u201cServices\u201d) 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 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, \u201cDispute\u201d 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.<\/p>\n (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\u2010cost 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 (\u201cInformal Dispute Resolution Conference\u201d). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.<\/p>\n The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (\u201cNotice\u201d), 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<\/a>, 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\u2010mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e\u2010mail address of your counsel, if any; and (3) a description of your Dispute.<\/p>\n 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\u2019s 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.<\/p>\n (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. \u00a7 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\u2019 fees and interest, shall be subject to JAMS\u2019 most current version of the Streamlined Arbitration Rules and procedures available at http:\/\/www.jamsadr.com\/rules-streamlined-arbitration\/<\/a>; all other claims shall be subject to JAMS\u2019s most current version of the Comprehensive Arbitration Rules and Procedures, available at http:\/\/www.jamsadr.com\/rules-comprehensive-arbitration\/<\/a>. JAMS\u2019s 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 \u201cRequest\u201d). The Request must include: (1) the name, telephone number, mailing address, e\u2010mail 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\u2010faith 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.<\/p>\n If the party requesting arbitration is represented by counsel, the Request shall also include counsel\u2019s 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\u2019s 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.<\/p>\n 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.<\/p>\n 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\u2019 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. 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\u2019 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.<\/p>\n (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 \u201cWaiver of Class or Other Non-Individualized Relief,\u201d including any claim that all or part of the subsection entitled \u201cWaiver of Class or Other Non-Individualized Relief\u201d is unenforceable, illegal, void or voidable, or that such subsection entitled \u201cWaiver of Class or Other Non-Individualized Relief\u201d 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 \u201cBatch Arbitration,\u201d 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 \u201cBatch Arbitration.\u201d 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\u2019s 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.<\/p>\n (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.<\/p>\n (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\u2019s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Subsection 10.2(h) entitled \u201cBatch Arbitration.\u201d 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, \u201cWaiver of Class or Other Non-Individualized Relief,\u201d 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 arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.<\/p>\n (g) Attorneys\u2019 Fees and Costs. The parties shall bear their own attorneys\u2019 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\u2019 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\u2019 fees and costs.<\/p>\n (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 (\u201cBatch Arbitration\u201d). All parties agree that Requests are of a \u201csubstantially similar nature\u201d 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 (\u201cAdministrative Arbitrator\u201d). 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\u2019s 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.<\/p>\n (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<\/a>, 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.<\/p>\n (j) Invalidity, Expiration. Except as provided in the subsection entitled \u201cWaiver of Class or Other Non-Individualized Relief\u201d, 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.<\/p>\n