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Subscription Services General Provisions

These General Provisions apply to all DENTTIO subscription services (“Services”). The Services may not be subcontracted, assigned, subrogated, or transferred by Customer without DENTTIO’s prior written consent.

Data Access and Use: Customer authorizes DENTTIO to remotely access Customer’s server via the internet and grants full read and write access to Customer’s Practice Management Software solely for the purpose of performing the Services, including writing appointment confirmations and related data.

HIPAA / PHI Compliance: To the extent DENTTIO creates, receives, maintains, or transmits Protected Health Information (“PHI”) on Customer’s behalf, the parties shall execute a mutually agreed Business Associate Agreement (“BAA”). DENTTIO shall have no obligation to provide PHI-related Services absent an executed BAA. Customer remains solely responsible for obtaining all required patient authorizations and consents.

Online Form Service: Forms provided by DENTTIO are not reviewed, verified, or guaranteed to be legally binding. Customer is solely responsible for reviewing all forms, including customized forms, with its legal counsel prior to use. Customer’s use of any form constitutes acceptance and approval of its content and structure. DENTTIO disclaims all liability related to form content, integrity, or usability. Customer agrees to maintain complete and accurate independent copies of all patient completed forms.

Appointment Reminder Service: Customer acknowledges that applicable law requires appropriate patient consent for communications involving PHI. Customer is solely responsible for obtaining and maintaining all required patient consents prior to using appointment reminder and texting services.

Cloud Backup Service: Unless specifically requested by Customer, this Service includes backup and monitoring of designated databases, files, and images on the specified server, limited to:
(a) DENTTIO Software Patient Data Folders; and
(b) DENTTIO Software Imaging Folders (excluding 3D images).

The basic Cloud Backup Service includes up to twenty (20) GB of storage. Additional storage may be purchased at a rate of $10 per month per ten (10) GB increment. Customer authorizes DENTTIO to automatically assess and charge for additional storage usage as incurred. Storage fees are subject to change upon renewal terms.

Server changes, database migrations, and ownership changes are not included in the Cloud Backup Service and will be billed separately.

If DENTTIO provides Tio Practice Management Software at no additional charge with an active Data Backup Service subscription, upon cancellation or termination of the subscription, the Tio license will terminate with thirty (30) days' written notice, subject to applicable law.

Upon termination, DENTTIO will provide Customer's database backup (.bak) and patient records in usable electronic formats (PDF/CSV). Customer may purchase a Tio Read-Only Viewer for a one-time fee of $350. Printed records are not required where electronic records satisfy applicable law. DENTTIO may permanently delete the data using commercially reasonable, industry-standard secure deletion methods and shall have no further obligation or liability related thereto.

Data Restoration: In the event of catastrophic data loss, restoration services are available for a $500 recovery fee and will restore the most recent usable backup data available. Data restoration does not guarantee complete or 100% data recovery.

Telephone Technical Support: Includes live phone support, remote access, diagnostics, and file transfers during business hours (9:00 a.m. to 5:00 p.m. PST, Monday through Friday). Parts, labor, upgrades, updates, training, and on-site services are excluded and billed separately.

Telephone Technical Support: Includes live phone support, remote access, diagnostics, and file transfers during business hours (9:00 a.m. to 5:00 p.m. PST, Monday through Friday). Parts, labor, upgrades, updates, training, and on-site services are excluded and billed separately.

e-Prescription (EPCS): Additional fees apply for registration and use of electronic prescriptions for controlled substances. Customer acknowledges that DENTTIO may change its third-party eRx/EPCS service provider at any time. Any resulting changes in registration, transaction, or usage fees imposed by the eRx service provider may be passed through to Customer.

Warranty Disclaimer: DENTTIO warrants that the Services will be performed in a commercially reasonable manner consistent with industry standards, provided Customer’s fees are current. Except for the foregoing express warranty, all Services are provided “AS IS” and “AS AVAILABLE,” and all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, data integrity, and uninterrupted availability, are disclaimed to the maximum extent permitted by law.

Security: DENTTIO will use commercially reasonable efforts to maintain the security, confidentiality, and integrity of its systems. Customer bears all risk of loss or damage to User Content. The Services are not intended as archival storage.

Service Fees: Service fees may be adjusted upon any renewal term. Continued use of the Services after the effective date of any fee change constitutes Customer’s acceptance of such change.

Limited Liability: DENTTIO shall not be liable for any failure or interruption of the Services caused by or resulting from: (i) acts of God or force majeure events; (ii) internet outages or telecommunications failures; (iii) Customer’s network, systems, hardware, or software issues; (iv) Customer’s failure to notify DENTTIO of network, system, or configuration changes; (v) Customer actions or omissions contrary to DENTTIO’s recommendations; (vi) server malfunctions, operating system updates, resets, or configurations (including, without limitation, Windows updates or system resets) that interfere with or disable backup processes; or (vii) malware, ransomware, or virus incidents.

To the maximum extent permitted by law, DENTTIO’s total aggregate liability arising out of or related to the Services shall not exceed the total fees paid by Customer to DENTTIO during the twelve (12) months preceding the claim. In no event shall DENTTIO be liable for any indirect, incidental, consequential, special, or punitive damages.

Termination and Automatic Renewal:
Customer may terminate this Agreement by providing written notice at least thirty (30) days prior to the end of the then-current term. Absent timely notice, the Agreement will automatically renew for successive annual terms under the same terms and conditions. DENTTIO may terminate Services for non-payment.

Governing Law and Venue:
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall lie exclusively in Los Angeles County, California.