1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Dental Continuity LLC ("Continuity," "we," "us," or "our") governing your access to and use of the Continuity platform, website, and related services (collectively, the "Service").
By accessing or using the Service, clicking "I agree," completing registration, or using the Service on behalf of a dental practice or other organization, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
Continuity is a cloud-based dental referral communication and management platform that enables dental practices to create, send, track, and manage patient referrals between general dental practices and specialist offices. The Service includes secure messaging, referral status tracking, clinical file transfer, treatment report management, and related features.
The Service is provided "as-is" and subject to change. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
3. Eligibility
The Service is intended solely for use by licensed dental professionals, dental practice staff, and dental practice administrators operating in jurisdictions where such use is lawful. By using the Service you represent and warrant that:
- You are at least 18 years of age
- You are a licensed dental professional or authorized representative of a dental practice
- You have the legal authority to enter into these Terms on behalf of yourself and any practice you represent
- Your use of the Service complies with all applicable laws, regulations, and professional standards
- You are not prohibited from receiving services under the laws of the United States or any applicable jurisdiction
4. Accounts & Access
Account Registration
You must register for an account to use the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at info@dentalcontinuity.com if you suspect unauthorized access to your account. We are not liable for any loss or damage resulting from unauthorized use of your credentials.
Multi-User Accounts
Practice administrators may invite additional team members. Each user must have their own individual login credentials. Sharing credentials between users is prohibited. You are responsible for ensuring that all users at your practice comply with these Terms.
Session Security
The Service implements automatic session timeouts after periods of inactivity to protect patient data. You are responsible for logging out of the Service when using shared or public computers.
5. Protected Health Information
You acknowledge and agree that:
- You will only enter PHI into the authenticated portal — never into contact forms, email communications with Continuity staff, or any unauthenticated portion of our website
- You are a Covered Entity under HIPAA and Continuity operates as your Business Associate with respect to PHI processed through the Service
- You will execute a Business Associate Agreement (BAA) with Continuity prior to entering any PHI into the Service
- You are responsible for obtaining all necessary patient authorizations and consents required by applicable law before entering patient information into the Service
- You will implement appropriate safeguards to prevent unauthorized access to the Service by your staff
- You will retain copies of all PHI-containing records in your own practice management system and not rely solely on the Service as your record-keeping system
6. Business Associate Agreement
In accordance with HIPAA's Privacy Rule (45 CFR Part 164) and Security Rule, Dental Continuity LLC serves as a Business Associate to dental practices that are Covered Entities. Before any PHI may be entered into the Service, the subscribing practice must execute a Business Associate Agreement (BAA) with Dental Continuity LLC.
The BAA governs the permitted uses and disclosures of PHI, Continuity's obligations to safeguard PHI, and breach notification procedures. The BAA is incorporated by reference into these Terms and forms part of the legal agreement between the parties.
If you have not executed a BAA with Continuity, you may not enter any PHI into the Service. Please contact info@dentalcontinuity.com to obtain and execute a BAA prior to use.
7. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates HIPAA, applicable state privacy laws, or any other law or regulation
- Enter patient information into any unauthenticated portion of the Service or Continuity's public website
- Share login credentials with other individuals
- Attempt to gain unauthorized access to any portion of the Service or its infrastructure
- Use the Service to transmit any malware, viruses, or other harmful code
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Use the Service to store or transmit infringing, defamatory, or otherwise unlawful content
- Use automated tools to access the Service in ways that could damage or overburden our infrastructure
- Resell, sublicense, or otherwise make the Service available to third parties without our prior written consent
- Use the Service for any purpose other than lawful dental referral communication and management
8. Intellectual Property
The Service, including all software, features, content, and documentation, is owned by Dental Continuity LLC and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights in the Service.
You retain ownership of all patient data and clinical content you enter into the Service. By entering content into the Service, you grant Continuity a limited, non-exclusive license to store, process, and transmit that content solely as necessary to provide the Service to you.
"Continuity" and related marks are trademarks of Dental Continuity LLC. You may not use our trademarks without our prior written consent.
9. Payment & Billing
Subscription fees, payment terms, and billing cycles are as set forth in your subscription agreement or order form. All fees are due in advance and are non-refundable except as expressly stated in your subscription agreement.
We reserve the right to suspend or terminate access to the Service for accounts with outstanding unpaid balances after reasonable notice. We may update our pricing with at least 30 days' written notice to current subscribers.
During any beta program period, access to the Service is provided at no charge. Beta access does not guarantee continued free access or any specific pricing upon general availability.
10. Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
We maintain a HIPAA-compliant contingency plan governing data backup, recovery, and availability. In the event of a service outage, we will communicate status updates through available channels.
11. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Continuity disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Continuity does not provide medical or clinical advice. The Service is a communication and workflow tool for dental professionals. All clinical decisions remain the sole responsibility of the licensed dental professionals using the Service.
We do not warrant that the Service will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Dental Continuity LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or loss of goodwill, arising out of or related to your use of or inability to use the Service.
In no event shall Continuity's total aggregate liability to you for all claims arising out of or related to these Terms or the Service exceed the greater of (a) the total amount paid by you to Continuity in the twelve months preceding the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Dental Continuity LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service in violation of these Terms
- Your violation of any applicable law or regulation, including HIPAA
- Any content or PHI you submit to the Service
- Your violation of any third-party rights
- Any unauthorized access to the Service through your account credentials
14. Termination
Either party may terminate the subscription agreement upon notice as specified in the subscription agreement or order form. We reserve the right to suspend or terminate your access immediately if we determine that you have violated these Terms, applicable law, or pose a risk to the security of the Service or other users' data.
Upon termination, your right to access the Service ceases immediately. We will retain your data for a period consistent with our HIPAA obligations and our Privacy Policy, after which it may be deleted. You are responsible for exporting any data you need prior to termination.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved through binding arbitration in San Diego, California, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Continuity.
16. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
We encourage you to review these Terms periodically. The "Last updated" date at the top of this page indicates when these Terms were most recently revised.
17. Contact
If you have questions about these Terms of Service, please contact us:
- Email: info@dentalcontinuity.com
- Company: Dental Continuity LLC
- Mailing address: Available upon request
For HIPAA-related inquiries or to request a Business Associate Agreement, please email info@dentalcontinuity.com with the subject line "HIPAA BAA Request."