Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your access to and use of the Scale Dental Practice website, the services we deliver, and any related software, platforms, or systems provided by Scale Dental Practice (“Scale Dental Practice,” “we,” “us,” “our”). By using our website, booking a call, or signing a services agreement with us, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a dental practice or other entity, you represent that you have authority to bind that entity. In that case, “you” means both you personally and the entity.

2. The services we provide

Scale Dental Practice provides patient communication and appointment scheduling software for dental practices, which may include any or all of the following components:

• A virtual receptionist that answers inbound calls and text messages and routes them to your team.
• Online booking and appointment scheduling connected to your existing calendar.
• Automated appointment reminders, confirmations, and recall notices for patients who have consented to receive them.
• Missed-call text-back and a shared inbox that keeps each patient’s conversation history in one place.
• Integration with your CRM and scheduling tools, and ongoing customer support.

The specific services included in your engagement are set out in your written services agreement. These Terms apply in addition to that agreement; if there is a conflict, the services agreement controls.

3. Eligibility and your representations

You represent and warrant that:

• You are at least 18 years old and capable of forming a legally binding contract.
• You own or are duly authorized to operate the dental practice that will receive our services.
• Your practice holds all licenses, registrations, and authorizations required to provide dental services to patients in every jurisdiction in which it operates, and all clinical care is delivered by appropriately licensed professionals.
• The programs, offers, fee structures, and claims you direct us to advertise are lawful, truthful, and properly substantiated, and comply with the FTC Act's truth-in-advertising standards, your state dental board's advertising rules, and other applicable regulations.
• You have obtained all consents and authorizations required to contact patients and prospective patients and to share lead and patient information with us for the purpose of receiving our services, including under HIPAA where it applies.

4. Accounts and your responsibilities

When you are onboarded as a customer, you may receive access or login credentials for our CRM, scheduling, reporting, or Virtual Receptionist systems. You are responsible for:

• Keeping your credentials confidential and not sharing them outside authorized members of your team.
• All activity that occurs under your accounts.
• Notifying us promptly of any unauthorized access or other suspected security issue.
• Providing accurate, current, and complete information when requested, and keeping it up to date.

5. Regulatory compliance

Dental and healthcare marketing is a highly regulated field. We take compliance seriously: we build consent and disclosure mechanisms into the scheduling and messaging tools we operate, and we will not knowingly configure content that violates applicable law or carrier requirements.

However, you remain ultimately responsible for the lawfulness of your offers and your company’s conduct. Specifically, you agree that:

• You are responsible for your company’s compliance with the Health Insurance Portability and Accountability Act (HIPAA) where it applies, the Telephone Consumer Protection Act (TCPA), your state dental board's advertising and professional-conduct rules, and other applicable regulations.
• You will provide truthful and substantiated information about your services, fees, timelines, and outcomes, and will not direct us to make claims you know or should know are false, misleading, or unsupported.
• You are responsible for obtaining and maintaining the consents required for the calls, text messages, and recordings made through the scheduling and Virtual Receptionist tools we operate for you.
• You will maintain appropriate licensing, malpractice coverage, and insurance for your practice.

6. SMS terms and conditions

These terms apply to SMS (text) messages sent by or on behalf of Scale Dental Practice, including messages sent through the scheduling and Virtual Receptionist tools we operate for customers.

1. Program Description. By opting in to receive SMS messages from Scale Dental Practice, you agree to receive non-marketing text messages related to your consultation request or account. These messages may include consultation confirmations, appointment reminders, scheduling or rescheduling notifications, responses to your inquiries, customer support communications, follow-ups regarding a requested service, and account or onboarding notifications.
2. You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected].
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
6. For privacy-related inquiries, please refer to our privacy policy: scaledentalpractice.com/privacy-page.

7. Fees, billing, and refunds

The fees for our services are set out in your services agreement. Unless that agreement says otherwise:

• Service fees are billed in advance on the schedule stated in your agreement and are non-refundable once a billing period has begun.
• Any third-party usage charges, such as messaging or telephony costs billed by our communications platform, are separate from service fees.
• Pass-through infrastructure costs (such as Virtual Receptionist call and messaging usage) are billed at cost.
• Late payments may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
• You authorize us to charge your designated payment method for all fees as they come due.

Refund and credit terms specific to your engagement are set out in your services agreement.

8. Intellectual property

Our methods, frameworks, templates, software, the Virtual Receptionist platform, our compliance playbooks, training materials, and all associated trademarks and copyrights are owned by us and protected by intellectual property law.

Subject to your full payment and ongoing compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the deliverables we produce for your company to operate your business. On completion of the engagement:

• You retain ownership of your brand assets, your accounts, your patient data, and your patient relationships.
• You receive a perpetual license to continue using the booking pages and configurations we built specifically for your practice.
• We retain ownership of our underlying methods, templates, software, and trade secrets.
• We may continue to use aggregated, de-identified performance data for benchmarking and service improvement.

9. Your content and license to us

You may provide us with content (brand assets, logos, photos, testimonials, copy, and business information) for use in our work for you. You grant us a non-exclusive, worldwide license to use, reproduce, modify, and display that content solely to provide services to you and, with your consent, for case-study or testimonial use.

You represent that you have the rights to grant this license and that your content does not infringe any third party’s rights or violate any law.

10. Data processing

In the course of providing our services, we process information about the patients who contact your practice through the scheduling and Virtual Receptionist tools we operate for you. With respect to that information:

• You are the business (or “controller”) that determines why and how the information is processed, and we act as your service provider (or “processor”), processing it only to provide the services and on your documented instructions.
• You are responsible for providing the privacy notices and obtaining the consents required to collect that information and to permit the calls, text messages, and recordings made on your behalf.
• We will not sell patient or lead information, will not use it for our own marketing, and will not use it to train general-purpose AI models. We will return or delete it at the end of the engagement on your instruction, except where retention is required by law.
• We may engage sub-processors (such as hosting, telephony, messaging, and AI providers) under contracts requiring appropriate confidentiality and security protections.

Our handling of personal information is further described in our Privacy Policy. If your practice requires a separate data processing addendum or a HIPAA business associate agreement (BAA), we will work with you in good faith to put one in place.

11. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”) during the engagement. Each party agrees to use the other’s Confidential Information only to perform under these Terms and to protect it with at least the same care it uses for its own confidential information (and no less than reasonable care).

Confidential Information does not include information that is publicly available, was known to the receiving party without restriction before disclosure, or is independently developed without use of the disclosing party’s information.

12. Third-party services

Our services rely on third-party platforms — including Meta, Google, our CRM and automation platform, payment processors, telephony and messaging providers, and AI and transcription providers. Your use of those platforms is subject to their own terms and policies, and we are not responsible for their availability, performance, or actions. Where you instruct us to act on a platform on your behalf, you remain responsible for compliance with that platform’s terms.

13. Disclaimers and no guarantees of results

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS REQUIRED BY APPLICABLE LAW.

We do not believe in get-rich-quick promises. We do not and cannot guarantee any specific number of leads, appointments, patients, or any business, financial, or revenue outcome. Results depend on many factors outside our control, including your offers, your pricing, your geography, your operational execution, your compliance posture, carrier and messaging-provider decisions, and overall conditions.

Any figures, dashboards, case studies, or testimonials shown on our website or shared during sales conversations are illustrative and are not a promise or representation of the results your business will achieve. Testimonials, where shown, are statements from real clients and should not be relied on as a guarantee of similar results.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
• Our aggregate liability arising out of or relating to these Terms or our services will not exceed the fees you actually paid us for services in the twelve (12) months preceding the event giving rise to the claim.

The limitations in this section do not apply to (i) your indemnification obligations, (ii) breaches of confidentiality, (iii) infringement of intellectual property rights, or (iv) liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify and hold us harmless from any third-party claims, damages, fines, penalties, or expenses (including reasonable attorneys’ fees) arising from: (a) the dental or other services your practice provides to patients; (b) your breach of these Terms or of your representations; (c) the content, offers, fee structures, or claims you direct us to advertise on your behalf; (d) the calls, texts, or recordings made on your behalf where required consent was not obtained; or (e) your violation of any applicable law (including HIPAA, the TCPA, and state dental board advertising rules) or any third-party right.

We will indemnify you from third-party claims that our services, as delivered by us, infringe a third party’s United States intellectual property rights, subject to standard notice, cooperation, and control-of-defense requirements.

16. Term and termination

Your engagement begins when you sign your services agreement and continues for the term stated in that agreement. Either party may terminate for material breach with thirty (30) days’ written notice and an opportunity to cure. We may suspend or terminate immediately if we reasonably believe continued service would expose us to legal, regulatory, or carrier-compliance risk.

On termination: (i) you must pay all fees accrued through the termination date; (ii) we will return or help you retrieve your data within a commercially reasonable period; (iii) your license to continue using deliverables produced for you survives, subject to your full payment; and (iv) the provisions of these Terms that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and disputes) survive termination.

17. Disputes and governing law

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or our services will be resolved exclusively by binding arbitration administered by a recognized arbitration provider under its applicable commercial rules, seated in Washington State, in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property or breach of confidentiality.

You and we agree that any dispute will be brought on an individual basis only, and not as a class, collective, or representative action. If this class-action waiver is found unenforceable, the arbitration provision will be void as to the affected dispute only.

18. Miscellaneous

• Entire agreement. These Terms, together with your services agreement and our Privacy Policy, are the entire agreement between you and us regarding our services and supersede prior agreements on the same subject.
• Modifications. We may update these Terms from time to time; material changes will be notified to active clients and posted with a new effective date.
• Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of substantially all assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Force majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.
• Independent contractors. The parties are independent contractors. Nothing here creates an agency, partnership, joint venture, or employment relationship.
• No third-party beneficiaries. These Terms do not create any rights for third parties.

19. Contact us

If you have questions about these Terms, email us at [email protected].

For help with the messaging program, email [email protected].