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Effective date: 1 June 2025 | Version 1.0 | UK GDPR Article 28 Compliant
These Terms of Service (the "Agreement") are entered into between DentalFlo AI Pty Ltd (ACN 681 997 062) ("Processor", "DentalFlo", "we", "us", "our") and the Customer identified at sign-up or in the associated Order Form ("Controller", "Customer", "you").
These Terms incorporate the Data Processing Agreement ("DPA"). In the event of conflict between this Agreement and the DPA regarding data processing, the DPA prevails.
This Agreement is designed to comply with Article 28 of the UK General Data Protection Regulation ("UK GDPR") as retained in UK law by the European Union (Withdrawal) Act 2018, and the Data Protection Act 2018.
In this Agreement, the following terms have the meanings set out below unless the context otherwise requires:
DentalFlo AI provides a cloud-based software-as-a-service platform designed to assist healthcare and dental practices with communication, patient engagement, appointment scheduling, inbound call handling automation, and associated analytics and workflow tools. The Services may include automated communication systems, artificial intelligence-assisted tools, integrations with third-party systems, and reporting functionalities designed to improve operational efficiency within the Customer's practice.
We reserve the right to modify, enhance, or update the Services from time to time to reflect technological developments, security improvements, or operational requirements, provided that such changes do not materially reduce the core functionality of the Services during an active subscription term.
In order to access the Services, the Customer must create an account and provide accurate, complete, and up-to-date information as requested during the registration process. The Customer is solely responsible for maintaining the confidentiality and security of their account credentials and for all activities conducted under their account, whether authorised or unauthorised.
The Customer agrees to promptly notify DentalFlo of any unauthorised access or suspected breach of security affecting their account. DentalFlo shall not be liable for any loss or damage arising from failure to maintain account security.
DentalFlo may, at its discretion, offer a limited free trial period, typically lasting fourteen (14) days, during which the Customer may access the Services without charge. The terms of any such trial will be clearly communicated at the point of sign-up.
Unless the Customer cancels the subscription prior to the expiry of the trial period, the subscription will automatically convert into a paid subscription at the end of the trial. Upon conversion, the payment method provided by the Customer at registration will be charged the applicable subscription fee without further notice, in accordance with these Terms.
The Customer acknowledges and agrees that it is their responsibility to cancel the trial before its expiry if they do not wish to incur charges.
Access to the Services beyond any trial period is provided on a paid subscription basis, with fees charged in advance on a recurring monthly or annual cycle as selected by the Customer at the time of purchase. All payments are processed securely via Stripe, a third-party payment processor.
By entering into a subscription, the Customer expressly authorises DentalFlo and Stripe to charge the designated payment method on a recurring basis for all applicable fees until the subscription is cancelled. Subscriptions automatically renew at the end of each billing cycle unless cancelled in accordance with these Terms.
The Customer acknowledges that subscription fees may be updated from time to time, provided that any such changes will take effect only at the commencement of the next billing cycle following reasonable prior notice.
The Customer may cancel their subscription at any time through their account settings or by contacting DentalFlo support. Cancellation will take effect at the end of the then-current billing period, and the Customer will continue to have access to the Services until that time.
DentalFlo does not impose unreasonable barriers to cancellation, and Customers are not required to make telephone calls or undertake any disproportionate steps in order to terminate their subscription.
DentalFlo reserves the right to suspend or terminate access to the Services immediately if the Customer breaches these Terms, fails to make payment when due, or where required to do so by applicable law or regulatory authority.
Where the Customer is a consumer within the meaning of UK consumer protection law, nothing in these Terms shall affect their statutory rights. The Services are provided in accordance with the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, as applicable.
Where digital services are supplied immediately upon commencement of a subscription or trial, the Customer acknowledges that they may lose certain statutory cancellation rights once performance of the Services has begun, to the extent permitted by law.
The Customer agrees to use the Services only for lawful purposes and in accordance with these Terms. The Customer must not use the Services in any manner that breaches applicable laws or regulations, including but not limited to data protection laws, electronic communications regulations, and healthcare compliance obligations.
In particular, the Customer must not use the Services to send unsolicited marketing communications without a lawful basis under the Privacy and Electronic Communications Regulations 2003 (PECR), nor may the Services be used in any manner that infringes the rights of any individual or third party.
Each party agrees to comply with its respective obligations under the UK GDPR and the Data Protection Act 2018. The Customer acknowledges that it acts as the Data Controller in respect of any personal data processed through the Services, and DentalFlo acts solely as a Data Processor.
All processing activities undertaken by DentalFlo on behalf of the Customer shall be governed by the Data Processing Agreement incorporated into these Terms. The Customer is solely responsible for ensuring that it has a lawful basis for processing personal data and for providing all required privacy notices to data subjects.
The Customer acknowledges that the Services may include automated processing capabilities, including artificial intelligence-assisted tools used to facilitate communications, handle inbound calls, schedule appointments, and generate operational outputs.
While the Services are designed to improve efficiency and accuracy, the Customer remains responsible for reviewing outputs where appropriate, particularly in contexts involving patient communications or clinical workflows. The Services are not intended to replace professional medical, dental, or clinical judgment.
The Services integrate with third-party providers, including but not limited to Stripe for payment processing, Amazon Web Services for hosting infrastructure, and telecommunications providers such as Twilio for messaging and call services.
The Customer acknowledges that the use of such third-party services may be subject to additional terms and conditions imposed by those providers. DentalFlo is not responsible for the acts, omissions, or performance of third-party service providers.
Stripe payment processing is subject to Stripe's own terms of service, available at the Stripe Services Agreement.
DentalFlo shall implement and maintain appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access. These measures include encryption of data in transit and at rest, access controls, system monitoring, and regular security assessments.
While DentalFlo takes reasonable steps to secure data, no system can be guaranteed to be completely secure, and the Customer acknowledges this inherent risk.
All intellectual property rights in the Services, including software, systems, interfaces, and underlying technology, are and shall remain the exclusive property of DentalFlo or its licensors. Nothing in these Terms transfers any ownership rights in the Services to the Customer.
The Customer retains ownership of all data uploaded into the Services. However, the Customer grants DentalFlo a limited, non-exclusive licence to process such data solely for the purpose of providing the Services in accordance with these Terms and the Data Processing Agreement.
Each party agrees to treat as strictly confidential all non-public information disclosed by the other party in connection with the Services. Confidential information shall not be disclosed to any third party except as required for the performance of the Services or as required by law.
This obligation shall survive termination of the Agreement.
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
Subject to the foregoing, DentalFlo shall not be liable for any indirect, consequential, or special losses, including loss of profit, revenue, goodwill, or data. The total aggregate liability of DentalFlo arising out of or in connection with these Terms shall be limited to the total fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.
The Customer agrees to indemnify and hold harmless DentalFlo against any claims, losses, damages, liabilities, or expenses arising out of or in connection with the Customer's use of the Services, including any breach of applicable law, misuse of patient data, or violation of these Terms.
DentalFlo may suspend access to the Services where it reasonably believes such suspension is necessary to protect the security, integrity, or lawful operation of the Services, or where the Customer is in breach of these Terms, including non-payment of fees.
DentalFlo may amend these Terms from time to time. Where changes are material, reasonable notice will be provided to Customers. Continued use of the Services following such notice shall constitute acceptance of the updated Terms.
Where personal data is transferred outside the United Kingdom, such transfers shall be conducted in accordance with applicable data protection law, including the UK GDPR, and shall be subject to appropriate safeguards such as the UK International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
DentalFlo AI Pty Ltd UK Office: Suite 10, 15 Bishopsgate, London, EC2N 3AR, United Kingdom Email: legal@dentalflo.ai ICO Registration Number: ZB980408
