Legal

Terms of Service

Terms that govern access to and use of OralAlly.

OralAlly, Inc.

Effective Date: May 6, 2026
Last Updated: May 6, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the OralAlly, Inc. (“OralAlly,” “we,” “us,” or “our”) software platform and related services (the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

2. Eligibility

You may use the Services only if you:

  • Are at least 18 years old
  • Are a licensed Registered Dental Hygienist providing ADHA qualified "Direct Access" Care, a Dentist, a dental professional, authorized staff member (collectively, "Provider"), a patient of a Provider, or a caregiver or personal representative of a patient.
  • Have the authority to enter into these Terms on behalf of your practice, organization, yourself, or a patient for whom you are legally authorized to act as a parent, guardian, caregiver, or personal representative.

ADHA qualified "Direct Access" Care is definied as RDHAP in California, EPDH in Oregon, General Supervision in Texas, and more. See ADHA Direct Access Care for more

3. Description of Services

OralAlly provides a cloud-based platform that may include:

  • Patient record management
  • Clinical documentation tools
  • Scheduling and workflow management
  • Billing and administrative tools

The Services are intended to support, not replace, professional clinical judgment.

4. Account Registration and Security

You agree to:

  • Provide accurate and complete information
  • Maintain the confidentiality of login credentials
  • Promptly notify us of unauthorized access

You are responsible for all activity under your account.

5. HIPAA and Protected Health Information (PHI)

5.1 Business Associate Relationship

To the extent OralAlly creates, receives, maintains, or transmits Protected Health Information (“PHI”) on behalf of a Provider, OralAlly acts as a Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”).

Use of the Services involving PHI is subject to a separate Business Associate Agreement (“BAA”).

5.2 Customer Responsibilities

For purposes of these Terms, “Customer” means a Provider, practice, organization, or other entity that subscribes to or uses the Services to create, receive, maintain, or transmit PHI. If you are a Customer or are using the Services on behalf of a Customer, you agree to:

  • Comply with all applicable healthcare laws, including HIPAA
  • Obtain all required patient consents and authorizations
  • Use the Services only for lawful healthcare purposes
  • Not use the Services to store or transmit PHI unless a BAA is in place

Patients, caregivers, and personal representatives are responsible for using the Services lawfully and in accordance with their authority to access or act on behalf of a patient.

5.3 Permitted Use of PHI

OralAlly will:

  • Use and disclose PHI only as permitted under the BAA
  • Implement safeguards consistent with HIPAA Security Rule requirements
  • Not use PHI for marketing or unauthorized purposes

6. Acceptable Use

You agree not to:

  • Use the Services for unlawful, fraudulent, or abusive purposes
  • Attempt to gain unauthorized access to systems or data
  • Interfere with system integrity or performance
  • Upload malicious code or harmful content
  • Use the Services in a way that violates patient privacy laws

7. Fees and Payment

  • Certain features require a paid subscription
  • Fees, billing cycles, and payment terms will be disclosed at purchase
  • You authorize us to charge your payment method on a recurring basis
  • Fees are non-refundable except as required by law or stated otherwise

We reserve the right to suspend access for non-payment.

8. Intellectual Property

8.1 OralAlly Property

All rights, title, and interest in the Services, including software, design, and content, are owned by OralAlly or its licensors.

8.2 Customer Data

You retain ownership of all data you input into the Services, including patient data.

You grant OralAlly a limited license to:

  • Host, process, and transmit data to provide the Services
  • Improve system performance (in de-identified or aggregated form)

9. Data Security

We implement reasonable administrative, technical, and physical safeguards to protect data, including PHI, consistent with industry standards and HIPAA requirements.

However, you acknowledge that no system is completely secure.

10. Third-Party Services

The Services may integrate with third-party applications. OralAlly is not responsible for:

  • Third-party services or content
  • Their privacy or security practices

Your use of third-party services is at your own risk.

11. Term and Termination

11.1 Term

These Terms remain in effect while you use the Services.

11.2 Termination by You

You may terminate your account at any time, subject to any contractual obligations.

11.3 Termination by OralAlly

We may suspend or terminate access if:

  • You violate these Terms
  • Required by law or regulation
  • Necessary to protect system integrity or security

11.4 Effect of Termination

Upon termination:

  • Your access to the Services will cease
  • Data handling will follow the applicable BAA and Privacy Policy
  • We may delete data after a defined retention period

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

OralAlly disclaims all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

We do not guarantee:

  • Uninterrupted or error-free operation
  • Clinical or regulatory compliance outcomes

13. Limitation of Liability

To the maximum extent permitted by law:

OralAlly shall not be liable for:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities

Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless OralAlly from claims arising out of:

  • Your use of the Services
  • Your violation of these Terms
  • Your failure to comply with healthcare laws, including HIPAA

15. Compliance with Laws

You agree to comply with all applicable laws and regulations, including:

  • HIPAA and state healthcare privacy laws
  • Licensing and scope-of-practice requirements

16. Modifications to Services and Terms

We may:

  • Modify or discontinue features
  • Update these Terms at any time

We will provide notice of material changes. Continued use constitutes acceptance.

17. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

18. Dispute Resolution

Any disputes arising under these Terms shall be resolved through:

  • Good faith negotiation
  • If unresolved, binding arbitration in Santa Clara, California, unless prohibited by law

19. Entire Agreement

These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and OralAlly.

20. Contact Information

OralAlly, Inc.
Email: notifications@oralally.com
Address: 440 N Barranca Ave #4118, Covina, Ca 91723

21. Priority of Agreements

In the event of a conflict:

  1. The Business Associate Agreement (BAA) controls with respect to PHI
  2. The Privacy Policy governs data practices
  3. These Terms govern general use of the Services

22. Force Majeure

OralAlly is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, cyberattacks, or regulatory changes.