TERMS OF SERVICE

DSM Solutions Terms of Service

These Terms of Service ("Terms") govern your use of DSM Solutions' dental practice management software platform and related services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.


1. Service Description


DSM Solutions provides cloud-based dental practice management software including:

  • Patient acquisition and marketing automation
  • Appointment scheduling and management
  • Clinical documentation and charting
  • Insurance verification and claims processing
  • Revenue cycle management
  • Practice analytics and reporting


2. Account Registration and Access


Eligibility Services are available only to:

  • Licensed dental professionals and their authorized staff
  • Dental practices and healthcare organizations
  • Users who are 18 years or older


Account Security You are responsible for:

  • Maintaining accurate account information
  • Securing your login credentials
  • Monitoring all account activity
  • Immediately reporting unauthorized access


User Management Practice administrators may:

  • Add and remove user accounts
  • Set role-based access permissions
  • Monitor user activity
  • Configure security settings


3. Acceptable Use Policy


Permitted Uses

  • Practice management and patient care activities
  • Legitimate business operations
  • Compliance with healthcare regulations
  • Professional communication with patients


Prohibited Uses

  • Illegal activities or regulatory violations
  • Unauthorized access to systems or data
  • Transmitting malware or harmful code
  • Interfering with service operation
  • Sharing accounts or credentials
  • Using services for non-healthcare purposes


4. HIPAA and Data Protection


Business Associate Relationship DSM Solutions serves as your Business Associate under HIPAA. Our Business Associate Agreement (BAA) governs PHI handling and is incorporated by reference into these Terms.


Data Ownership

  • You retain ownership of all patient data and practice information
  • We process data only as directed by you and our agreements
  • You may export your data at any time
  • Data deletion available upon request (subject to legal requirements)


Compliance Responsibilities You remain responsible for:

  • HIPAA compliance in your practice
  • Proper user training and access controls
  • Reporting data breaches as required
  • Maintaining professional licenses


5. Service Availability and Support


Service Levels

  • 99.9% uptime guarantee for core services
  • 24/7 technical support availability
  • Regular maintenance windows with advance notice
  • Automatic data backup and disaster recovery


Support Obligations We provide:

  • Technical support through multiple channels
  • Software updates and security patches
  • Training materials and documentation
  • Implementation assistance


6. Billing and Payment Terms


Subscription Fees

  • Monthly or annual subscription payments
  • Automatic renewal unless canceled
  • Pro-rated adjustments for plan changes
  • Late payment fees may apply


Payment Methods

  • Credit card, ACH, or wire transfer
  • Automatic payment required for some plans
  • PCI-compliant payment processing
  • Invoice payment available for Enterprise customers


Refund Policy

  • Pro-rated refunds for early cancellation (annual plans)
  • No refunds for monthly plans after service delivery
  • Implementation fees are non-refundable


7. Intellectual Property


DSM Solutions Property We retain ownership of:

  • Software code and platform technology
  • Trademarks, copyrights, and patents
  • Training materials and documentation
  • Aggregate and anonymized analytics


Your Property You retain ownership of:

  • Patient data and practice information
  • Custom configurations and workflows
  • Practice-specific content and materials


License Grant We grant you a limited, non-exclusive license to use our Services during your subscription term.


8. Service Modifications

We may modify Services with:

  • 30 days advance notice for material changes
  • Immediate implementation for security updates
  • Option to terminate if you disagree with changes
  • Grandfathering of existing features when possible


9. Term and Termination


Service Term

  • Monthly or annual subscription periods
  • Automatic renewal unless canceled
  • 30-day cancellation notice required
  • Immediate termination for breach


Effect of Termination Upon termination:

  • Service access ends immediately
  • Data export available for 90 days
  • Outstanding fees become immediately due
  • License rights terminate


10. Disclaimers and Limitation of Liability


Service Disclaimers Services are provided "as is" without warranties including:

  • Fitness for particular purposes
  • Uninterrupted or error-free operation
  • Complete accuracy of all features
  • Compatibility with all systems


Limitation of Liability Our liability is limited to:

  • Direct damages only (no consequential damages)
  • Maximum of fees paid in the 12 months prior to claim
  • No liability for third-party services or integrations
  • Standard limitations allowed by law


11. Indemnification


You agree to indemnify DSM Solutions from claims arising from:

  • Your use of Services in violation of these Terms
  • Your violation of applicable laws or regulations
  • Unauthorized access due to your negligence
  • Third-party claims related to your practice operations


12. Dispute Resolution


Governing Law These Terms are governed by New York law without regard to conflict of law principles.


Arbitration Disputes will be resolved through binding arbitration:

  • American Arbitration Association Commercial Rules
  • Single arbitrator selected mutually
  • New York, NY location
  • English language proceedings


Exceptions Arbitration does not apply to:

  • Injunctive relief requests
  • Intellectual property disputes
  • Small claims court matters


13. General Provisions


Entire Agreement These Terms, together with our Privacy Policy and Business Associate Agreement, constitute the complete agreement between the parties.


Severability If any provision is found unenforceable, the remainder of these Terms continues in effect.


Assignment You may not assign these Terms without our written consent. We may assign our rights and obligations.


Force Majeure Neither party is liable for delays due to circumstances beyond reasonable control.


Contact Information

For Terms-related questions:

  • Email: legal@dsmsolutions.ai
  • Mail: DSM Solutions Legal Department, 450 Park Avenue South New York, NY 10016