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Draft, pending lawyer review, not yet in force. This text is a placeholder until the final version is published.

Terms of service

Draft under legal review. This text is a draft prepared for our counsel's review and is not yet in force. Text in square brackets will be completed in the final version.

Last updated: [EFFECTIVE DATE]

These terms govern the use of Dente AI, offered by [LEGAL NAME], registered under [REGISTRATION NUMBER (CNPJ)], with its registered office at [ADDRESS] ("Dente AI", "we", "us"), by the clinic that creates an account ("clinic" or "you"). Whoever accepts these terms confirms they are authorized to act for the clinic. The "Data Processing Addendum" annex is part of these terms.

1. Definitions

  • Service: the Dente AI app, the AI employee, the internal assistant, the website chat, the channel connectors, the mobile app and related features.
  • Users: the people the clinic invites to its account (owner, admins, staff, viewers).
  • Patients: the people who talk to the clinic through the connected channels, whether or not they are actually patients.
  • Clinic data: everything the clinic or its patients put into the Service, including knowledge, conversations, contacts and the calendar.
  • Knowledge: the information about the clinic the AI uses to answer (website, files, the owner's answers).

2. The Service

Dente AI provides an artificial intelligence employee that, on the clinic's behalf, answers patients on the channels the clinic connects, books and reminds appointments on the clinic's calendar, hands conversations to the team and helps the team through an internal chat. Its knowledge is built from the clinic's public website, files and the owner's answers, and the clinic reviews it.

The Service is evolving. We may change, improve or withdraw features. Features marked as preview or beta may change without notice and come without warranty. If we withdraw something essential to the plan purchased, we will give reasonable notice.

3. Account and access

  • Keep your account details accurate and your credentials secret. We recommend two-step authentication.
  • The clinic is responsible for what its users do in the account and for the role each one has.
  • Tell us right away at [CONTACT EMAIL] if you suspect unauthorized access.
  • Our team accesses your account only for support, security or a legal obligation. Support access is view-only, limited to 30 minutes and recorded.

4. The artificial intelligence and its limits

  • The AI can make mistakes. It answers from the clinic's knowledge and may misread a message, fail to answer, or give incorrect or outdated information. The clinic must review the knowledge, supervise conversations and correct what is needed.
  • The AI says it is an AI. It does not pretend to be a person. The clinic may add its own disclosure message to the first reply.
  • No clinical advice. The AI does not diagnose, give clinical advice or comment on exams or images. Such questions are handed to the team.
  • Emergencies. In an emergency the AI tells the patient to contact local emergency services and alerts the team. Dente AI is not an emergency service and does not replace the clinic's care.
  • The team can take over. The team can take over any conversation; the AI stops answering until it is handed back. The clinic can turn the AI off at any time.
  • Configurable autonomy. The clinic decides what the AI does on its own (for example booking appointments) and what needs approval (for example campaigns). Messages the AI sends within those rules are sent on the clinic's behalf.
  • Untrusted content. Website, file and message content does not change the AI's rules.
  • AI providers. We use third-party models, described in the Privacy policy.

5. Channels

WhatsApp by QR code

The QR connection links Dente AI to WhatsApp the way WhatsApp Web does. Before connecting, the clinic reads and accepts these risks:

  • It is not WhatsApp's official API. It is an unofficial connection, made through a gateway we run.
  • WhatsApp may limit or ban numbers that behave like bulk senders. Use a number the clinic can afford to have restricted.
  • The AI answers people who write to the clinic and can also start conversations with automatic messages, such as appointment reminders; a patient who replies with an opt-out word (for example STOP) gets no more automatic messages.
  • There is a daily limit of messages sent from each number.
  • The phone must stay on and connect to the internet now and then, or WhatsApp unlinks it.
  • To reduce blocks, the connection may go out through an IP address in the clinic's country, provided by a partner.

The clinic accepts the risks of the QR connection, including the restriction or ban of the number, and Dente AI is not liable for them. The clinic must comply with WhatsApp's terms and policies.

WhatsApp through the official API (Cloud API)

When available, the official connection uses the clinic's WhatsApp Business account, subject to Meta's terms and policies, including approved templates outside the 24-hour window.

Chat on the clinic's website

The clinic installs the chat on its own website. The chat keeps a visitor identifier in the browser and shows a link to the clinic's privacy notice, which the clinic must keep published and up to date.

Phone AI

Where purchased, the AI answers calls on a clinic number (today, United States numbers only). At the start of the call the AI says it is the clinic's AI and that the call is transcribed; we keep the transcript, not the audio. The clinic is responsible for following the recording and consent rules of each place where it takes calls. [Confirm, per country and per state, whether the notice at the start is enough.]

6. Messages to patients

  • The clinic must have a legal basis to process its patients' data and to contact them, and must tell them in its privacy notice that it uses an AI agent.
  • The Service applies protection rules the clinic cannot turn off: patients who opt out get no automatic messages; reminders are not sent at night (9 pm to 8 am local time); there are daily sending limits; and campaigns need a user's approval.
  • The clinic may not use the Service for spam, misleading messages or unsolicited messages in breach of the law, the channel's rules or the ethical rules of its profession (for example the professional council's advertising rules).

7. The clinic's responsibilities

  • Keep the knowledge accurate, complete and approved, including prices, insurance, addresses and team.
  • Supervise conversations and take over when needed.
  • Comply with data protection, health and consumer protection law and the rules of its profession.
  • Make sure it holds the rights to the content it puts into the Service, including its website's content.
  • Not enter more patient data than the care requires.

8. Acceptable use

You may not:

  • Use the Service for anything unlawful, fraudulent, discriminatory or that infringes others' rights.
  • Try to access other clinics' data, get around limits, probe for vulnerabilities without authorization or overload the Service.
  • Copy, resell or reverse engineer the Service, except where the law allows it.
  • Use the Service to build a competing product or to extract its models or prompts.
  • Upload malicious code or content that tries to manipulate the AI outside its rules.

9. Plans, prices and payment

  • Subscription. The Service is sold per channel product (for example WhatsApp, website chat and voice), billed monthly or yearly, with optional extras. The yearly plan is discounted compared with monthly. Prices, currency and taxes are shown at checkout before payment. Prices exclude taxes, which are added where they apply.
  • Usage allowance. Each plan includes a monthly usage allowance. Beyond the allowance and a 10% tolerance, new patient conversations go to the team until the renewal or the purchase of a pack.
  • Packs and auto top-up. The clinic may buy prepaid usage packs. If it turns on auto top-up, it authorizes us to charge the saved payment method when the balance runs out, at most twice per usage type in each period; a declined charge turns auto top-up off and we tell the clinic.
  • Billing. Payments are processed by Stripe. The subscription renews automatically at the end of each period until canceled.
  • Failed payment. If a renewal fails, the clinic has a 7-day grace period from the first failure, with everything working, and receives notices. After that the Service is paused: the AI stops answering patients, reminders are not sent and new channels cannot be connected. Nothing is deleted or disconnected, and the team keeps using the inbox, calendar, contacts and knowledge. Paying the open invoice reactivates the Service.
  • Cancellation. The clinic cancels in the billing portal (Settings > Billing). Cancellation takes effect at the end of the period already paid; until then everything works. Data stays available after cancellation, as described in the Privacy policy.
  • Refunds. [Set the refund policy: for example, no prorated refund of a started period unless the law requires it; refund of unused packs within X days.] Consumers may have withdrawal and other statutory rights that these terms do not exclude.
  • Promotion codes. Discounts apply under each code's conditions and do not apply to packs.
  • Price changes. We will give at least [30] days' notice of price changes; they apply from the next renewal. Current subscriptions keep their price until changed.

10. Affiliates

Partners who refer clinics earn a commission under a separate agreement. A referral counts for the partner whose link the clinic last visited within the 90 days before creating its account, and does not change afterwards. Self-referrals earn no commission.

11. Intellectual property

  • The Service, the software, the brand and Dente AI's materials belong to Dente AI or its licensors. We grant the clinic a limited, non-exclusive, non-transferable license to use the Service during the subscription.
  • Clinic data belongs to the clinic. The clinic grants us a limited license to process it only to provide, secure and support the Service, as set out in the annex.
  • The clinic may freely use the replies the AI generates for it.
  • We may use suggestions and feedback about the Service without obligation.

12. Personal data

The Privacy policy describes the data we process as controller. The "Data Processing Addendum" annex governs the data we process as processor for the clinic.

13. Confidentiality

Each party keeps the other's non-public information confidential, uses it only for these terms and protects it with reasonable care. This does not apply to information that was already public or known, received lawfully from a third party, or that the law or a court order requires to be disclosed.

14. Availability and support

We work to keep the Service available, but it may be interrupted, including by third-party providers and channels (for example WhatsApp). [Decide whether there will be a service level agreement.] Support is provided at [CONTACT EMAIL].

15. Suspension and termination

  • We may suspend the account, fully or in part, for non-payment (as described above), breach of these terms, a risk to security or to others, or a legal order. Where possible we will give notice first and time to fix the issue.
  • The clinic may end its subscription at any time, effective at the end of the paid period.
  • We may end these terms with [30] days' notice, or immediately for a serious breach.
  • On termination, the clinic may export its data and ask for deletion, as set out in the annex.

16. Warranties

The Service is provided as is and as available, to the extent the law allows. We do not warrant that the AI will always be right, that the Service will run without interruption or that a third-party channel will remain available. Nothing in these terms excludes warranties that the law does not allow to be excluded.

17. Limitation of liability

To the extent the law allows: neither party is liable for lost profits, lost revenue or indirect damages; and Dente AI's total liability is limited to the amount the clinic paid in the [12] months before the event. These limits do not apply to willful misconduct, gross negligence, a party's breach of confidentiality or data protection, or liability that the law does not allow to be limited, including under consumer protection law where it applies. [Review the limits and exceptions.]

18. Indemnity

The clinic will indemnify Dente AI against third-party claims, including from patients and authorities, arising from the knowledge or content the clinic provided, the messages it sent or approved, or its breach of these terms or the law.

19. Changes to these terms

We may change these terms. We will announce significant changes in the app or by email at least [30] days in advance. If the clinic does not agree, it may cancel before the change takes effect.

20. Governing law and venue

These terms are governed by the laws of Brazil. The courts of [CITY/STATE], Brazil, have jurisdiction over any dispute, except where the law gives a party the right to sue in its own domicile, including consumers. If the clinic is in another country, that country's mandatory rules still apply. [Review the governing law and venue for customers outside Brazil.]

21. General

  • These terms, the Privacy policy and the annex are the entire agreement between the parties about the Service.
  • If a clause is invalid, the others remain in force.
  • Not enforcing a breach is not a waiver.
  • The clinic may not assign these terms without our consent; we may assign them to a successor, with notice.
  • Neither party is liable for delays caused by force majeure.
  • If the Portuguese, English and Spanish versions differ, the Portuguese version prevails. [Confirm.]

22. Contact

[LEGAL NAME], [ADDRESS], [CONTACT EMAIL]. Data protection officer: [DPO NAME], [DPO EMAIL].

Annex: Data Processing Addendum

This annex applies to the personal data Dente AI processes as processor on behalf of the clinic (controller), under the LGPD and, where it applies, GDPR art. 28.

Subject matter and duration

  • Subject matter: providing the Service described in these terms.
  • Data subjects: the clinic's patients and contacts, website chat visitors, people who call the clinic and the clinic's users.
  • Data: identification and contact details, channel identifiers, messages, media, transcripts, appointments, notes and, at times, health data (sensitive data).
  • Operations: collection through the channels, storage, organization, reading by the AI, generation of replies, sending of messages, calendar sync, export and deletion.
  • Duration: for the subscription and afterwards until the deletion set out below.

Instructions

We process the data only on the clinic's documented instructions, which are these terms, the settings chosen in the Service and written requests from the owner or an admin. If we believe an instruction breaks the law, we will tell the clinic.

Confidentiality

People authorized to process the data are bound by confidentiality and access only what they need.

Security

We maintain appropriate technical and organizational measures, including: isolation of each clinic's data in the database and on the server; encryption in transit and at rest; two-step authentication; secrets kept in a vault; personal data kept out of technical logs; audit records; backups with point-in-time recovery of up to 7 days; view-only, time-limited and recorded support access; and defenses against the use of website, file and message content to manipulate the AI.

Subprocessors

The clinic authorizes the subprocessors listed in the Privacy policy. We impose on them data protection obligations equivalent to this annex and remain liable for them. We will give at least [30] days' notice of a new or replaced subprocessor; the clinic may object on reasonable grounds and, if no solution is found, end its subscription without penalty.

International transfers

The clinic authorizes the transfer of the data to the subprocessors' countries, made under the ANPD standard contractual clauses, the European Commission's standard contractual clauses or another valid mechanism.

Security incidents

We will notify the clinic without undue delay, and within [48 hours] of confirming an incident affecting its data, with the information available on its nature, the data and data subjects affected, and the measures taken and recommended, so that the clinic can notify the ANPD, other authorities and data subjects where required.

Data subject requests

We help the clinic answer data subject requests (access, correction, portability, deletion). Requests that reach us are forwarded to the clinic, and we do not answer the data subject directly. We carry out the export or deletion the clinic confirms in writing within 5 business days.

Other assistance

We provide the information reasonably needed for the clinic to carry out impact assessments and to answer authorities.

Audits

We make available the information needed to show compliance with this annex. The clinic may request an audit once a year, with [30] days' notice, at its own cost, without access to other customers' data.

End of processing

On termination, the clinic may export its data for [30] days. After that, or earlier at the clinic's request, we delete the data within [90] days, unless the law requires us to keep it. Backups expire within 7 days of deletion.

Use by AI providers

We do not use clinic data to train AI models, and we contract with our AI providers so that they do not use it either, under the terms they offer. [Confirm each provider's terms.]

Liability

Each party is liable for the damage it causes by breaching data protection law or this annex, under LGPD arts. 42 to 45, subject to the limitation of liability clause where the law allows.

[HIPAA: decide whether Dente AI will sign a Business Associate Agreement with US clinics subject to HIPAA before serving them.]

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