The agreement between Dental Elephant and the dental practices that use our service.
By creating an account, subscribing to, or otherwise using Dental Elephant (the "Service"), you ("Customer," "you") agree to these Terms & Conditions ("Terms"). If you are entering into these Terms on behalf of a dental practice or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service.
Dental Elephant provides software tools for dental practices, including but not limited to morning huddle audio briefings, appointment scheduling helpers, clinical scribe tools, and related features offered at dentalelephant.com. Features and pricing may change from time to time. We will use reasonable efforts to keep the Service available, but we do not guarantee uninterrupted access.
Access to paid features requires an active subscription. Fees are billed in advance on a recurring basis (monthly or annually, depending on the plan you select) and are non-refundable except as required by law. Payments are processed by Stripe. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period and stops further charges. We may change pricing on renewal with reasonable notice.
You agree not to:
You are solely responsible for the content you submit to the Service, including audio recordings, schedules, patient notes, and staff phone numbers.
Consent is your responsibility. When you enroll a staff phone number in the Commute Huddle SMS program, you certify that the individual has given you permission to add their number and has been informed they may reply STOP at any time. Dental Elephant relies on that certification. See our SMS Consent & Messaging Terms for the full description of the program, message frequency, opt-out instructions, and carrier notices.
Dental Elephant may process information that constitutes Protected Health Information ("PHI") under HIPAA when the account holder enters appointment notes, patient names, or clinical audio into the Service. If you intend to use the Service with PHI, you must have a signed Business Associate Agreement ("BAA") in place with Dental Elephant before doing so. Contact support@dentalelephant.com to request a BAA. Until a BAA is in place, you agree not to upload PHI to the Service.
You retain ownership of the practice data you upload. You grant Dental Elephant a limited license to store, transmit, process, and display that data solely to provide and improve the Service for you. We handle personal information in accordance with our Privacy Policy.
The Service, including all software, designs, text, graphics, and trademarks, is owned by Dental Elephant or its licensors and is protected by U.S. and international intellectual property laws. These Terms do not grant you any rights in the Service other than the limited right to use it as described.
Some Service features use AI models to transcribe audio and generate summaries (e.g., morning huddle briefings). AI output may contain errors or omissions. You are responsible for reviewing and verifying any AI-generated content before relying on it for clinical, financial, or operational decisions. The Service is not a substitute for professional judgment.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Dental Elephant does not warrant that the Service will be uninterrupted, error-free, or secure, or that any content (including AI-generated output) will be accurate or reliable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DENTAL ELEPHANT AND ITS OWNERS, OFFICERS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID DENTAL ELEPHANT FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend and indemnify Dental Elephant against any claim, loss, or expense (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) content or phone numbers you submit to the Service, including any claim that you lacked consent to enroll a recipient in the SMS program.
We may suspend or terminate your account at any time for violation of these Terms, abuse of the Service, non-payment, or as otherwise required by law. You may stop using the Service at any time by canceling your subscription. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated to active account holders by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in Utah, and the parties consent to personal jurisdiction in those courts.
Dental Elephant
Email: support@dentalelephant.com
Web: dentalelephant.com