Terms of Service

Last Updated: January 2025

These Terms of Service ("Terms") govern your access to and use of Avenari's dental visit transcription and summary services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Acceptance of Terms

By creating an account, accessing, or using Avenari Services, you represent and warrant that:

• You are a licensed dental practice or authorized representative of a dental practice
• You have the authority to bind your practice to these Terms
• You will comply with all applicable laws and regulations, including HIPAA
• You will maintain appropriate Business Associate Agreements with us

2. Description of Services

Avenari provides AI-powered services including:

• Automatic transcription of dental visit recordings
• AI-generated visit summaries and treatment plans
• Practitioner portal for review, editing, and approval of summaries
• Patient portal for secure access to visit summaries
• Analytics and reporting tools for dental practices
• Appointment scheduling and equipment ordering integration

3. Business Associate Agreement

As a HIPAA Business Associate, Avenari will:

• Execute a Business Associate Agreement (BAA) with each dental practice customer
• Comply with HIPAA Security Rule and Privacy Rule requirements
• Implement required administrative, physical, and technical safeguards
• Report any security incidents or breaches as required by HIPAA
• Return or destroy PHI upon termination of service, as applicable

Your use of our Services is contingent upon execution of a valid BAA. The BAA supplements these Terms and takes precedence in the event of any conflict regarding PHI handling.

4. Account Registration and Security

4.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining confidentiality of account credentials
• Ensuring authorized users comply with these Terms
• Terminating access for former employees or unauthorized users

5. Use of Services

5.1 Permitted Use

You may use our Services solely for:

• Transcribing and summarizing dental visits for your patients
• Managing patient visit summaries and treatment plans
• Providing patients with access to their visit information
• Practice analytics and reporting

5.2 Prohibited Uses

You agree not to:

• Use Services for any illegal or unauthorized purpose
• Violate any applicable laws, including HIPAA and state privacy laws
• Upload malicious code, viruses, or harmful content
• Attempt to reverse engineer or compromise our systems
• Share account credentials or allow unauthorized access
• Use Services to process PHI for practices other than your own
• Resell or sublicense our Services without written authorization

6. Protected Health Information (PHI)

6.1 Your Responsibilities

As a Covered Entity under HIPAA, you are responsible for:

• Obtaining necessary patient authorizations for recording and transcription
• Ensuring accuracy of PHI provided to us
• Reviewing and approving summaries before patient access
• Responding to patient requests regarding their PHI
• Maintaining appropriate security measures for your systems

6.2 Our Responsibilities

We will:

• Use and disclose PHI only as permitted by the BAA
• Implement required security safeguards
• Report security incidents as required by HIPAA
• Return or destroy PHI upon termination, as applicable

7. Intellectual Property

7.1 Our Intellectual Property

All Services, software, technology, and content are owned by Avenari and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use Services for your practice during the subscription term.

7.2 Your Content

You retain ownership of PHI and other content you provide. By using our Services, you grant us a limited license to use such content solely to provide Services to you.

8. Fees and Payment

8.1 Subscription Fees

Subscription fees are set forth in your service agreement. Fees are billed in advance on a monthly or annual basis, as applicable.

8.2 Payment Terms

• Payment is due within 30 days of invoice date
• Late payments may result in service suspension
• All fees are non-refundable except as required by law
• We reserve the right to change fees with 30 days' notice

8.3 Taxes

You are responsible for all taxes, duties, and government charges related to your use of Services, except for taxes on our income.

9. Service Availability and Modifications

We strive to provide reliable Services but do not guarantee:

• Uninterrupted or error-free operation
• 100% transcription accuracy
• Specific response times or availability

We reserve the right to modify, suspend, or discontinue Services with reasonable notice. We may perform maintenance that temporarily affects availability.

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

Services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that Services will be error-free, secure, or meet your specific requirements.

10.2 Medical Disclaimer

Our Services provide transcription and summarization tools. We do not provide medical or dental advice. Summaries are tools to assist practitioners and should not replace professional judgment. Practitioners remain solely responsible for all treatment decisions and patient care.

10.3 Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed fees paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for transcription errors or inaccuracies
• We are not liable for decisions made based on summaries

11. Indemnification

You agree to indemnify and hold harmless Avenari, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your use of Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your breach of the BAA
• Any PHI you provide to us

12. Termination

12.1 Termination by You

You may terminate your account at any time with 30 days' written notice. Upon termination, you remain responsible for fees incurred prior to termination.

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms or the BAA
• You fail to pay fees when due
• You engage in illegal or harmful activities
• Required by law or regulatory authority

12.3 Effect of Termination

Upon termination:

• Your access to Services will cease
• We will return or destroy PHI as required by the BAA
• You may export your data for 30 days after termination
• Provisions that by their nature should survive will continue

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles.

13.2 Dispute Resolution Process

Any disputes shall be resolved through:

1. Good faith negotiation between the parties
2. If unsuccessful, mediation in accordance with [mediation rules]
3. If mediation fails, binding arbitration in accordance with [arbitration rules]

14. General Provisions

14.1 Entire Agreement

These Terms, together with the BAA and any service agreements, constitute the entire agreement between you and Avenari.

14.2 Modifications

We may modify these Terms from time to time. Material changes will be communicated via email or through our service platform. Continued use after changes constitutes acceptance.

14.3 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, pandemics, or government actions.

15. Contact Information

For questions about these Terms, please contact:

Avenari Legal Department
Email: legal@avenaridental.ai
Address: [Your Business Address]

← Back to Home | Privacy Policy