Terms and Conditions

1. Acceptance of Terms

By accessing or using KlinikaDesk ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (the "User" or "you") and KlinikaDesk ("we," "us," or "our"). Your use of the Service signifies your acceptance of these Terms.

2. Service Description

KlinikaDesk is a cloud-based dental practice management system designed to help dental clinics manage their operations, including but not limited to:

• Patient records and medical history management
• Appointment scheduling and calendar management
• Treatment planning and documentation
• Billing and invoicing
• Insurance claims processing
• Reporting and analytics
• User and staff management

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Registration and Account

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You agree to:

• Provide truthful, accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By creating an account, you represent and warrant that you meet these requirements.

3.3 Account Responsibilities

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to maintain account security.

4. Subscription and Payment

4.1 Subscription Plans

KlinikaDesk offers various subscription plans with different features and pricing. You may choose the plan that best suits your needs. Details of each plan are available on our Pricing page.

4.2 Free Trial

We may offer a free trial period for new users. During the trial period, you will have access to the Service subject to any limitations specified at the time of registration. At the end of the trial period, you must select a paid subscription plan to continue using the Service.

4.3 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All subscription prices are displayed in US Dollars (USD)
• Actual charges will be processed in Philippine Pesos (PHP) as we use a Philippines-based payment gateway
• Currency conversion from USD to PHP will be calculated at the prevailing exchange rate at the time of payment
• The final amount charged to your payment method will be in PHP
• Payment must be made by credit card, debit card, or other approved payment method
• You authorize us to charge your payment method for all fees incurred
• All fees are non-refundable unless otherwise stated

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee for the renewal period.

4.5 Price Changes

We reserve the right to change our subscription fees at any time. We will provide you with at least 30 days' notice before any price increase takes effect. If you do not agree to the price increase, you may cancel your subscription.

5. Data and Privacy

5.1 Data Ownership

You retain all ownership rights to the data you input into the Service ("User Data"). We do not claim any ownership rights to your User Data.

5.2 Data Protection

We implement industry-standard security measures to protect your User Data, including:

• SSL/TLS encryption for data transmission
• Encrypted data storage
• Regular security audits and updates
• Access controls and authentication
• HIPAA compliance measures (where applicable)

5.3 Data Backup

We perform regular backups of User Data. However, you are responsible for maintaining your own backup copies of important data. We are not liable for any loss of data due to technical failures or other circumstances.

5.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

5.5 HIPAA Compliance

For users in the United States handling Protected Health Information (PHI), we comply with the Health Insurance Portability and Accountability Act (HIPAA). A Business Associate Agreement (BAA) is available upon request for eligible customers.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for managing your dental practice and related business operations.

6.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service
• Resell, sublicense, or redistribute the Service without authorization
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service to store or transmit infringing, libelous, or unlawful material
• Impersonate any person or entity or misrepresent your affiliation

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

7. Intellectual Property

7.1 Our Rights

The Service, including all content, features, and functionality, is owned by KlinikaDesk and is protected by copyright, trademark, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written consent.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include any right to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Rent, lease, sell, or sublicense the Service
• Use the Service for competitive purposes

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The Service will meet your requirements or expectations
• Any errors or defects will be corrected

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KLINIKADESK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless KlinikaDesk and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Data

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature in the Service. Upon termination, you will lose access to the Service and your User Data.

9.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Non-payment of subscription fees
• Fraudulent or illegal activity
• Abuse of the Service or other users
• Extended period of inactivity

9.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• You will no longer have access to your User Data
• We may delete your account and User Data after a reasonable retention period
• You remain responsible for any outstanding fees
• Provisions that by their nature should survive termination will continue to apply

9.4 Data Retrieval

You may export your User Data before termination. After termination, we may retain your data for a limited period (typically 30 days) during which you may request data retrieval for a fee. After this period, your data may be permanently deleted.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending you an email notification
• Displaying a notice in the Service

Your continued use of the Service after the changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

The "Last Updated" date at the top of this page indicates when these Terms were last revised.

11. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us:

• Email: legal@klinikadesk.com
• Phone: +1 (555) 123-4567
• Address: KlinikaDesk Legal Department, 123 Healthcare Blvd, Suite 400, San Francisco, CA 94102
• Support: Contact Support

General Provisions

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

Dispute Resolution: Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms constitute the entire agreement between you and KlinikaDesk regarding the Service and supersede all prior agreements.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.