Terms and Conditions.
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ToothFairy-Provided Services and Acceptance
ToothFairy, Inc. ("ToothFairy") is a developer and provider of certain software and services including, without limitation, Customer Relationship Management (CRM) software utilized to choreograph a custom orthodontic consultation for Treatment Coordinators and patients by optimizing the consumer’s personal insights and then facilitating the pending follow up process, and other recurring-fee services (collectively, “Services” and individually a “Service”). The Services are offered and provided subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”). The Terms of Use shall be deemed to include all other operating rules, conditions, policies and procedures that are referred to herein or that may otherwise be published by ToothFairy, from time to time (collectively the “Policies”), including without limitation, its Privacy Policy. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, DOWNLOAD, ACCESS OR USE ANY SERVICES. COMPLETING OUR REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS OF USE, AND WILL CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF USE, WITHOUT MODIFICATION.
Updates
ToothFairy reserves the right, in its sole discretion, to update, modify or replace the Terms of Use in whole or in part, at any time. ToothFairy will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at ToothFairy's website, via e-mail, or otherwise. In any case, you should periodically check the Policies and Terms of Use for changes. Continued access or use of the Services following any change to the Terms of Use or POLICIES constitutes your acceptance of those changes. The Terms of Use may not otherwise be amended, as they apply to you, except by a written agreement executed by you and ToothFairy. ToothFairy may modify, suspend or terminate a Service, in whole or in part, at any time.
Eligibility
The Services are intended by ToothFairy to be made available only to individuals who are at least 18 years old, or are at least 13 years old and who have the express permission of their parent or guardian and; are either a Dental Practice or Patient who has been specifically identified for onboarding and use of a Service by a Dental Practice.
As used in the Terms of Use: “Dental Practice” include individual or corporate dental practices or other dental groups or healthcare systems that have contracted with ToothFairy to permit use of the Services by their respective Dental Practitioners and Patients; the term “Dental Practitioners” includes dentists, patient coordinators, treatment coordinators or other individuals who (as employees of or contractors to a Dental Practice) provide dental or other healthcare services to Patients. The term “Patients” includes patients and prospective patients of the Dental Practice who receive dental treatments or other related healthcare services from one or more Dental Practitioners. If you do not qualify, then you are prohibited from downloading, accessing, using and registering for the Services. ToothFairy will not collect personally identifiable information provided by any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, ToothFairy will take steps to remove such information and terminate that individual’s account, access and use of the Service. The Dental Practice, and not ToothFairy, is solely responsible for establishing the criteria and determining which of its Dental Practitioners and Patients will be (and continue to be) eligible to use the Services. Without limiting the foregoing, the Dental Practice is solely responsible for determining whether a Service will be (and continues to be) clinically appropriate and safe for each Patient. ToothFairy will comply with any instruction from a Dental Practice to discontinue offering the Service to any of its Dental Practitioners or Patients. In addition, ToothFairy may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.
Access to Services
ToothFairy shall have the right to increase such fees upon sixty (60) days prior written notice to Dental Practitioner. ToothFairy does not prorate services (due to its already discounted services) or issue refunds. What this means for practices is that the full monthly charge will be billed regardless of the day of the month the practice and users gain access to the system. In the event of a billing mistake, a credit will be issued in most cases rather than a refund. Email info@GetToothFairy.com immediately if you notice a billing error.
Fees
ToothFairy shall have the right to increase such fees upon sixty (60) days prior written notice to Dental Practitioner. ToothFairy does not prorate services (due to its already discounted services) or issue refunds. What this means for practices is that the full monthly charge will be billed regardless of the day of the month the practice and users gain access to the system. In the event of a billing mistake, a credit will be issued in most cases rather than a refund. Email info@GetToothFairy.com immediately if you notice a billing error.
Method of Payment
All fees and other amounts owed by Dental Practitioner to ToothFairy under this Agreement shall be automatically deducted on a monthly basis via debit or credit card, normally on the first of each month. If for any reason ToothFairy is unable to collect outstanding charges by automatic withdrawal as provided above, ToothFairy shall send send reminders through the payment application for such unpaid charges. Service will be suspended if the outstanding balance is not paid within thirty (45) days after the date of the invoice.
Not Healthcare Services
ToothFairy does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, medication, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, Healthcare Services). The Services are not a substitute for professional Healthcare Services. Individual Users should always seek the advice of a physician or other qualified healthcare provider with questions regarding any medical condition, or call 911 in an emergency. The Services are intended only as a tool that can be used to assist Patients and Dental Practices in coordinating, managing and communicating about routine Healthcare Services. The Services are not intended for use in any emergency or urgent matter. As a result of its limited role as an intermediary between Patients and Dental Practices, ToothFairy has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Dental or other Healthcare Service.
Therefore, the User agrees to release ToothFairy from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Dental or Healthcare Services (including any injuries or disability arising therefrom). To the extent that any Dental or Healthcare Services are offered to any Patient, they are provided by the applicable Dental Practice and its affiliated Dental Practitioners, and not ToothFairy. Accordingly, Dental and Healthcare Services are not deemed to be within the scope of the Services provided by ToothFairy and ToothFairy shall have no obligation or liability regarding Dental and Healthcare Services. Except as otherwise explicitly stated by ToothFairy, ToothFairy does not recommend or endorse any specific Dental Practice, Dental Practitioner, or Healthcare Service or Manufacturer.
HIPAA Compliance
In connection with the use of the Services and the Apps, Dental Practices, Dental Practitioners and Patients shall comply with all applicable laws, rules, and regulations, and the rights of third parties. ToothFairy has designed its software to support, as needed, compliance with the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act and the regulations promulgated under these statutes, including without limitation, the privacy and security regulations (45 C.F.R. 160 and 164) and the transaction and code set regulations (45 C.F.R. 162) (collectively, “HIPAA”), as applicable to the Services. ToothFairy and Dental Practices hereby agree to the form business associate agreement identified during the ToothFairy registration process (or otherwise negotiated and agreed to by the parties) (in either case, the “BAA”). The BAA is hereby incorporated by reference into this Agreement, and any breach of the BAA is subject to this Agreement.
Service Data and Analytics
The Services collect, store, process, and analyze Service Data and produce certain Analytics. Accordingly, whenever a User interacts with a Service, a variety of technologies are employed to automatically or passively collect Service Data. The term “Service Data” means all data and information that are provided by a Dental Practice, Dental Practitioner, or Patient during registration and subsequent use of a Service (including messaging and emails related to the Services), and all other data and information collected by ToothFairy based on a User’s access and use of a Service. For clarity, Service Data includes, but is not limited to: Personal Data, browser or device type, operating system, time of day, identification of website or App page views, use of particular Service features, and geographic location. The term “Analytics” means user profiles and statistics, metrics, calculations, algorithms, abstractions and other analyses that are based on or derived from the use of a Service and Service Data, which are developed in the aggregate with other data, results and measurements or in a manner that does not disclose the identity of any Patient, Dental Practitioner, or Dental Practice, or any specific Service Data (except in de-identified form). Each Dental Practice and User hereby authorizes ToothFairy to use the Service Data and to exploit Analytics in the manner and for the purposes described in these Terms of Use, including, without limitation, to use Service Data to communicate with a Dental Practitioner, Dental Practice, or Patient (as the case may be); to include, copy, disclose, distribute, transmit and display Service Data in communications between a Patient and his or her Dental Practice or Dental Practitioner (and vice versa) that have been properly initiated via the Service; to access, record, collect, copy, store, process, analyze and use Service Data to provide a Service (including with regard to the use of PHI in messaging between a Patient and his or her Dental Practice or Dental Practitioner); to develop, improve, extend and test a Service (and underlying technology platforms); to design, develop and produce Analytics; to market and promote ToothFairy and its Services using Analytics (but not identifiable Service Data); and to disclose, distribute and transmit Service Data and/or Analytics, including, but not limited to, Personal Data; source of treatment, treatment details, including type of treatment, length of treatment, and cost of treatment; and Patient financing information such as down payment, third party financing, and other financing information, to Dental Practices, existing or potential Service Partners (including, without limitation, Dental Service Organizations), and, as needed, attorneys representing ToothFairy, Dental Practices and Service Partners.
User Rules and Conduct
The ToothFairy website, Apps and all other aspects of its Services are provided only in the case of Patients, for personal, noncommercial use or; in the case of Dental Practitioners, for use related to providing Dental Services (within the scope of the Practitioner’s duties for the applicable Dental Practice) to Patients (whichever applies, the Authorized Use).
Any unauthorized use of a Service (including without limitation, accessing any aspect of the Service for which a Patient or Dental Practitioner is not authorized, or any commercial use by such Patient or Practitioner is expressly prohibited. Each User is solely responsible for all acts or omissions that occur under such User’s account, username or password, including messaging conducted via the Service.
As a condition of use, each Patient, Practitioner, and Dental Practice hereby agrees not to use a Service for any purpose that is unlawful, or that is commercial in nature, that is prohibited by these Terms of Use, or for any other purpose not reasonably intended by ToothFairy. Each Dental Practice, Practitioner, and Patient agrees to abide by all applicable local, state, national and international laws, regulations and rules. By way of example, and not limitation, Each Dental Practice, Practitioner, and Patient agrees not to (a) take any action or (b) provide any Service Data using any communications service, survey, feedback, App or other aspect of a Service, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms of Use; infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any person or entity; reveals any confidential, proprietary or other information that you are required to keep secret, including without limitation, non-public Personal Data about another individual; discovers or reveals any personal information about another individual, including another person's Personal Data or any other information that could be used to track, contact or impersonate that person, unless such information has been provided by that person in any public communication or forum; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling; imposes an unreasonable or disproportionately large load on ToothFairy's computing, storage or communications systems and networks, or attempts to gain unauthorized access to the website, any App or other aspect of a Service (including the underlying technology platform), someone else’s Service Data, accounts, computer systems or networks connected to the Service, through password mining or otherwise; contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of ToothFairy or any Patient, Dental Practice or other third party; registers for or creates user accounts by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised e-mail address; harvests, scrapes or collects any information from the Service;uses any script, bot or other automated means that only simulates compliance with the Terms of Use or other requirement applicable to the Service; disguises the source of Service Data; or impersonates any person or entity, including any Patient or any employee or representative of ToothFairy, any Dental Practice, or any Business Partner. ToothFairy may, at its sole discretion, immediately suspend or terminate a User’s access to the Service should the User’s conduct fail (or appear to fail) to strictly conform to any provision of this section. ToothFairy has no obligation to monitor the Service or any User’s use thereof. However, ToothFairy reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement). If a User is a Practitioner, then such User also agrees to comply with all terms and conditions of any Agreement between ToothFairy and the Dental Practice with which a User is associated.
Connections
A User may be able to access the Services, communicate with the Services from, and link or communicate from the Services to, applications, devices, distribution platforms and websites owned and operated by Service Partners and Dental Practices. These other applications, devices, platforms and websites are not operated or controlled by ToothFairy, and the User, therefore, agrees that ToothFairy is not responsible for the availability, accuracy, legality, appropriateness or any other aspect of the content or function of such applications, devices, platforms and websites. Any such connection to or from a Service does not constitute or imply any guarantee or endorsement by ToothFairy of that application, device, platform or website or any association with its operators. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when a User accesses and use such other applications, devices, platforms and websites.
Proprietary Rights
ToothFairy’s Services (including the website and underlying technology platforms), and all content, materials, data and other information created by or for ToothFairy (or its affiliates or licensors) and made available via the Services (collectively, Content), are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and ToothFairy (and its applicable affiliates and licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) in and to such Content. Unless and only to the extent expressly authorized by ToothFairy, Dental Practices and Users agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of a Service or Content. However, unless the Service states or implements a different restriction, a User may download, reproduce or transmit a reasonable number of copies of Content for an Authorized Use; provided, that the User retains all copyright and other proprietary notices contained such Content.
The systematic retrieval of data or other Content from the Services to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without ToothFairy's express prior written permission. IMPORTANT: If a User desires to access or use Services or Content for any purpose other than an Authorized Use, such User must first secure permission from ToothFairy from the other owner of that Content. Reproducing, copying or distributing any Content or any design elements from the ToothFairy website or any application for any other purpose is strictly prohibited without ToothFairy's express prior written consent. Attempting to access or use a Service or Content for any purpose not expressly permitted in the Terms of Use is prohibited.
Feedback License
If a User provides ToothFairy with any idea, recommendation or other suggestion regarding possible corrections, improvements or extensions related to the Services or Content (collectively, Feedback), in any form or by any means (whether through the Services or by direct communication such as email) with ToothFairy or any of its officers, directors, employees, representatives, agents or Business Partners), then the User (1) represents and warrants that the Feedback does not include the User’s or any third party’s confidential or proprietary information, (2) acknowledges and agrees that ToothFairy is under no obligation of confidentiality, express or implied, with respect to the Feedback, (3) agrees to grant and does hereby grant to ToothFairy and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner, in any media, and for any purpose, and to permit third parties to do the same.
Termination
ToothFairy may immediately terminate a User’s access to all or any part of the Services at any time, with or without cause (including without limitation, upon instruction from the applicable Dental Practice), with or without notice. If a User elects to terminate the User’s registration and account, such User may do so at any time by sending an email (that includes the User’s email address) to info@GetToothFairy.com. For purposes of this paragraph, the term “User” shall include Dental Practices, Dental Practitioners, and Patients. Upon any termination, all rights and obligations of the parties under the Terms of Use shall cease, and the User shall immediately stop accessing and using the Service and Content, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of the Terms of Use shall survive, (b) ToothFairy may retain and use Service Data in the manner described herein, but only in aggregated or de-identified form and (c) the provisions of those sections of the Terms of Use that should reasonably be understood to continue in effect shall survive (including without limitations, the sections entitled Not Healthcare Services, Service Data and Analytics, Proprietary Rights, Feedback License, No Warranties, Limitation of Liability and Indemnification). After termination, ToothFairy has no obligation to maintain any Service Data or to forward or preserve any unread or unsent messages to you or to any other user or third party. Termination by a User under this paragraph will become effective on the date ToothFairy receives the notification of termination from the Dental Practitioner.
No Warranties
THE TOOTHFAIRY SERVICE, WEBSITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICES, SITE, CONTENT, AND ALL OTHER ASPECTS OF THE SERVICES ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TOOTHFAIRY AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY SERVICE DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICES IS SOLELY AT THE USER’S RISK. ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY DENTAL OR HEALTHCARE SERVICES SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN PATIENTS AND THE APPLICABLE DENTAL PRACTICES.
Limitation of Liability
Each Dental Practice, Dental Practitioner, and User agrees that ToothFairy (and its affiliates, licensors and Business Partners) shall not be responsible or liable for any unauthorized access to, alteration or use of a User’s account, transmissions, or data, or for any material or data sent or received or not sent or received through a Service, except to the extent resulting from ToothFairy’s gross negligence or willful misconduct. Each Dental Practice, Dental Practitioner, and User agrees that ToothFairy (and its affiliates, licensors and Business Partners) shall not be responsible or liable for any Patient or Dental Practitioner’s threatening, defamatory, obscene, offensive, illegal or other content or conduct or for any Patient or Dental Practitioner’s violation of another person’s rights, including rights of publicity or privacy rights. IN NO EVENT SHALL TOOTHFAIRY (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS) BE LIABLE TO A DENTAL PRACTICE OR USER CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, CONTENT OR OTHER ASPECTS OF THE SERVICES, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OF DATA (DUE TO TECHNOLOGY ERRORS) OR INACCURACY OF DATA, LOSS OF INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS YOU PAID TO TOOTHFAIRY FOR THE SERVICE OR US $100.00, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, NOTHING IN THE TERMS OF USES IS INTENDED TO LIMIT OR EXCLUDE LIABILITY OF ANY DENTAL PRACTITIONER OR DENTAL PRACTICE AS REGARDING ITS PERFORMANCE OF DENTAL OR HEALTHCARE SERVICES. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO DENTAL PRACTICES AND USERS IN THOSE JURISDICTIONS.
International Use
Each Dental Practice and User expressly consents to the transmission, collection, storage, processing and use of the Analytics and Service Data within, from and to the United States, in addition to the country where such Dental Practice or User is located (if not the United States). ToothFairy makes no representation that the Services are accessible, appropriate, or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. If a Dental Practice or User accesses or uses the Services from other locations, then such Practice or User does so at his or her or its own initiative and risk and is solely responsible for compliance with local laws.
Governing Law; Arbitration
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Use shall be settled by binding arbitration in accordance with the American Arbitration Association’s streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in a place designated by ToothFairy in Texas. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Use. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Use and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Integration
The Terms of Use (including all then current Policies) are the entire agreement between Dental Practices, Users and ToothFairy with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between the parties with respect to the Services. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
General Provisions
The rights and obligations under the Terms of Use are personal to the parties, and are not assignable, transferable or sublicensable by any party except with ToothFairy's prior written consent. ToothFairy may subcontract, delegate, assign or otherwise transfer any or all of its rights and obligations hereunder without the consent or the Dental Practice, Dental Practitioner, or Patient. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Services or these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Use will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.
Multi-Media Messaging System: Text Doctor Feature
What
ToothFairy utilizes doctors' cell phone numbers to send images of patients' PEG Dashboard from ToothFairy's Software to a mobile device. The doctor conducting the consultation can then conveniently view the prospective patient's Dashboard information on a mobile phone or a tablet.
How it Works
Treatment Coordinators will send the doctor a text before or during a consultation or follow-up appointment that contains a message like the one below. The TC will choose the doctor's name and then your phone number will be displayed to the TC.
Why
What this means for the doctor is that they don't have to log into ToothFairy to view the patient's personal insights! In addition, having access to patients' personal insights in preparation for a prospective patient's consultation is a game-changing growth strategy offered ONLY by ToothFairy. It enables you to anticipate the needs of patients, make a better emotional connection, and improve the customer experience. Patients already expect you to know how to treat them because you are the doctor. What they are really looking for is an exceptional customer experience.
Privacy Pertaining to the Use of the Text Doctor Feature
ToothFairy will never use the phone number provided for anything other than the specific purpose for which consent is provided. Contact information of any type (phone, email, etc.) is never shared or sold. Patient's protected health information is blurred out and the link expires after 8 hours.
Copyright and Trademark Notices
All Content provided by ToothFairy are subject to copyrights of ToothFairy, Inc. and/or its licensors or suppliers. ToothFairy is the trademark of ToothFairy, LP. The names and logos of companies, products or services mentioned at the ToothFairy website and in any App may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between ToothFairy and such owners. All rights not expressly granted herein are reserved.
