Terms of Service

Welcome to Toothreferral. These Terms of Service ("Terms") constitute a legally binding agreement between Toothreferral.com LLC ("Toothreferral," "we," "us," or "our") and the dental practice, practitioner, or legal entity registering to use our platform ("Subscriber," "you," or "your").

By creating an account, clicking "I Agree," or accessing the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. The Services

Toothreferral provides a specialized digital dental referral network and cloud-based communication software designed to streamline professional collaboration and clinical data exchange (the "Services").

2. Eligibility and Account Responsibility

• Professional Credentials: The Services are restricted exclusively to licensed dental professionals, medical specialists, and their explicitly authorized staff. By maintaining an account, you warrant that all clinical personnel possess active, valid state licenses and credentials.
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at Info@toothreferral.com if you suspect any unauthorized account access.

3. Compliance with HIPAA and the BAA

Because the Platform involves the transmission of Electronic Protected Health Information (ePHI), both parties must comply with the Health Insurance Portability and Accountability Act (HIPAA). Concurrently with these Terms, you must execute or electronically accept our Business Associate Agreement (BAA). In the event of any operational conflict regarding patient data between these Terms and the BAA, the BAA shall govern.

4. User Obligations & Role-Based Access Control (RBAC)

• Minimum Necessary Access: The Platform utilizes Role-Based Access Controls (RBAC) to ensure security. You are solely responsible for provisioning account access to your staff, assigning appropriate permissions (e.g., Administrator vs. Front Desk Staff), and immediately disabling access for terminated employees.
• Patient Consents: You warrant that your practice has obtained all necessary patient consents, privacy notices, and authorizations required by local, state, and federal law prior to uploading or transferring any clinical files, radiographs, or PHI through the Platform.

5. Prohibited Uses

You agree not to use the Platform to:

• Violate any local, state, federal, or international laws or medical board regulations.
• Decompile, reverse engineer, or attempt to extract the source code of the Platform.
• Introduce malicious software, viruses, worms, or Trojan horses, or attempt to bypass Cloudflare edge protections.
• Interfere with or disrupt the integrity or performance of the AWS infrastructure serving the platform.

6. Fees and Subscription Terms

• Billing: Access to certain features of the Platform may require a paid subscription. All fees are billed in advance and are non-refundable unless explicitly stated otherwise.
• Taxes: Subscriber is responsible for all applicable sales, use, or value-added taxes associated with their subscription.
• Termination for Non-Payment: We reserve the right to suspend platform access if subscription fees become overdue.

7. Intellectual Property Rights

Toothreferral retains all rights, title, and interest in and to the Platform, including all software architecture, user interfaces, branding, logos, graphics, and proprietary workflows. No license or ownership rights are transferred to you under these Terms, except for the limited right to utilize the platform for standard business operations.

8. Data Termination and Retention

Upon termination of your subscription or account deletion request, your historical data will be handled strictly in accordance with Section 7 of our BAA. Active production databases containing your data will be securely decommissioned, while permanent deletions within archival backup volumes will occur in accordance with our standard AWS backup rotation schedules.

9. Disclaimer of Medical Liability

Toothreferral is a software communication utility only. Toothreferral does not practice dentistry, provide medical advice, or render clinical diagnoses. The Platform is designed solely to transmit information between independent healthcare practitioners. All clinical decisions, diagnostics, referral selections, and patient treatments remain the absolute, sole responsibility of the participating licensed dental professionals.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Toothreferral.com LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our aggregate liability for all claims arising out of or relating to the use of the platform shall not exceed the total amount paid by you to Toothreferral during the twelve (12) months immediately preceding the event giving rise to liability.

11. Governing Law and Jurisdiction

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wake County, North Carolina.

12. Contact Information

For legal inquiries, notices of termination, or general support, please contact us at:

• Email: Info@toothreferral.com
• Address: Toothreferral.com LLC, 13220 Strickland Rd, STE 166, Raleigh, NC 27613