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Legal

DentiByte Terms of Use

Effective Date: May 15, 2026

These DentiByte Terms of Use (these "Terms") set forth a binding contractual agreement between you and DentiByte ("DentiByte," "we," "us" and "our"). These Terms govern your access to https://dentibyte.com/ (the "Site") and all related newsletters, websites, software, technologies, data, features and other services and information provided by us from time to time (together with the Site, the "Services").
PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE OR THE SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITING DENTIBYTE'S LIABILITY AND REQUIRING DISPUTE RESOLUTION ON AN INDIVIDUAL NON-CLASS BASIS. SEE SECTIONS 14–16 FOR ADDITIONAL INFORMATION.
BY USING THE SITE OR SERVICES, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THESE TERMS; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (III) CONSENT TO COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY; AND (IV) AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES.

1. Changes to Terms of Use

These Terms are subject to change. You agree that we may change, terminate, modify, add, end, or delete any of these terms and conditions. We will indicate any such changes or modification by posting the updated version of the Terms on this page and changing the "Effective Date" at the beginning of the Terms.

2. Your Account

In order to access or use some of the features of the Site and Services, you must first register through the Site. You must be at least eighteen (18) years of age to create an account or otherwise use the Site and Services (an "Account"). In order to create an Account, you will need to provide us with your email address, and other information requested or provided from time to time.

You agree that you will:

  • not use an Account (or email address) that is already being used by someone else;
  • not impersonate another person, use credentials or information that belong to another person or Account or that violates the intellectual property rights or other right of any person or entity;
  • not use or post any information or content that is offensive;
  • provide true, accurate, current, and complete registration information about yourself in connection with the registration;
  • be solely responsible for all activities that occur under your Account;
  • immediately notify us of any unauthorized use of your Account, or any other breach of security; and
  • not sell, transfer, or assign your Account or any Account rights.

You are solely responsible for maintaining the confidentiality and security of your Account information. You will remain responsible for all activity emanating from your Account, whether or not such activity was authorized by you. We reserve the right to disallow, cancel, remove, or reassign certain Accounts in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

3. Newsletter & Unsubscribing

If you sign up for our newsletter, you consent to receiving regular emails from DentiByte. You can unsubscribe at any time by clicking the "unsubscribe" link at the bottom of any email or by emailing us at hello@dentibyte.com.

4. Subscriptions

DentiByte offers a Pro tier billed monthly via Stripe with expanded features (subject to change). Subscriptions automatically renew until cancelled. You may cancel at any time through your account settings; access continues until the end of the current billing period. No refunds are provided for partial months except in cases of billing error. We will provide at least 30 days' notice before any price increase.

Payments are processed by Stripe, a PCI-compliant third-party provider. We do not collect, store, or have access to your payment card information. In the event of a failed payment, we will attempt retries (up to three attempts over seven days) before suspending the subscription until payment is resolved.

A 14-day free trial may be available from time to time, and requires a valid payment method to prevent abuse; the card will be charged automatically at the end of the trial unless cancelled prior.

5. Your Use of the Services and Site; Restrictions

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to access and use the Site and Services, and to use the features and view the content therein, solely for their intended purposes.

The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site, the Services, or any content; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion and without advance notice or liability. Your unauthorized use of the Services, the Site, or content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

The above license is conditional upon your strict compliance with these Terms and any applicable federal, state, and local law, statutes, regulations ("Applicable Law(s)"). Further:

  • You will not engage in any activity in connection with the Site or the Service that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to DentiByte;
  • You must not employ scraping or similar techniques to aggregate, repurpose, publish or otherwise make use of any content;
  • You must not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services, the Site, or any content (other than your User-Generated Post);
  • You must not, and must not permit any third party to, copy or adapt the object code of the Site or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site or Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content other than your content;
  • You will not infringe on the intellectual property rights or any other right of DentiByte or any third party;
  • You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them from the Account you were blocked from or any other account or service;
  • You must not use the information on the Site and Services to harass, threaten or intimidate individuals using the Services;
  • You will not transmit any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, or actions that potentially could overburden, impair or disrupt the Site, Services, or the security and the servers or networks forming part of, or connected to, the Site or Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Site or Services;
  • You may not use any automated systems, bots, spiders, or intelligent agent software (or similar technologies) for any purposes inconsistent with these Terms;
  • You will not use the Services for any political or commercial purposes, including any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation;
  • You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation; and
  • You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, registering an Account in the name of another person or company or sending messages or making comments using the name of another person.

You acknowledge that DentiByte is a high-tech utility layer providing informational tools, calculators, curated content, and connections for dental professionals. It is not a Practice Management System (PMS) or substitute for licensed practice management software.

You agree to comply with the above conditions and acknowledge and agree that DentiByte has the right, in its sole discretion, to terminate your Account or take such other action such as deleting a User Generated Post as we see fit if you breach any of the above conditions or any of the other terms of these Terms. This may include taking court action and/or reporting offending users to the relevant authorities.

6. Intellectual Property Rights

The Site, Services, and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DentiByte, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All related names, logos, product and service names, designs, and slogans are trademarks of DentiByte or its affiliates or licensors. You must not use such marks without the prior written permission of DentiByte. All rights not expressly granted to you are reserved by DentiByte and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.

7. Access to the Site and the Services

  • You are solely responsible for all software, hardware, fees, expenses, costs, and taxes for you to access or use the Site and/or Services.
  • The Site and the Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of DentiByte, access to the Site and/or Services may be interrupted or suspended from time to time.
  • DentiByte shall have the right at any time to change or discontinue any aspect or feature of the Site or Services, including, but not limited to, content, availability, features, newsletters, and equipment needed for access or use the Site or Services.
  • You may delete your Account at any time through our Site, or you can contact us at hello@dentibyte.com.
  • We may immediately terminate the availability of the Site or the Services, in whole or in part, to any individual user or all users, for any reason, in DentiByte's sole discretion, and without advance notice or liability.
  • Upon termination of your access to the Site and/or Services, or upon notice from DentiByte, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site and the Services.

8. User Generated Posts and Community Guidelines

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit on the Services (collectively, "Submit") messages, text, images, photos, comments, responses, audio, videos, information, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein (collectively, including any content included therein, "User Generated Posts"). You acknowledge that any User Generated Posts that you Submit through the Site or Services will be deemed to be non-confidential and may be disclosed through the Services to other parties on a worldwide basis. You represent and warrant to us that the User Generated Posts you Submit to us or any other user are accurate.

You agree that DentiByte shall have, and you hereby grant to DentiByte, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any form or media, any User Generated Posts that you Submit to DentiByte.

DentiByte does not endorse any User Generated Posts, or third-party product or service that may appear in connection with use of the Services.

You understand and agree that we may monitor or review your User Generated Post, and we reserve the right to remove, delete, edit, limit, or block or prevent access to any of User Generated Posts at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review User Generated Posts. Nothing in these Terms shall obligate DentiByte to permit the posting of such User Generated Posts on any website or platform. Your User Generated Posts may not display any personal details, financial information, nudity, obscene images, or pornographic images. Moreover, you should refrain from Submitting User Generated Posts that are offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation.

DentiByte serves as a neutral venue to connect dental professionals. We do not vet, screen, endorse, or verify employers, candidates, job postings, or background information. All hiring, employment contracts, background checks, and related decisions and liability rest solely with the users. DentiByte disclaims all responsibility for any employment-related disputes, outcomes, or claims.

9. Use of Artificial Intelligence

We may utilize artificial intelligence, machine learning tools, or similar technology in the Site and the Services ("Artificial Intelligence Tools"). You acknowledge and agree that any information, including any User Generated Posts, that you provide via the Site or the Services may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to remove any User Generated Posts that violate the Section 7 and to train artificial intelligence algorithms, models, and solutions. We use Groq for AI summarization of public content (news, podcasts, etc.); no personal user data is sent to Groq for training or processing.

10. No Advice; Reliance on Information and Tools

You assume sole responsibility, and DentiByte shall not be liable, regarding the accuracy, completeness, reliability, or usefulness of any User Generated Posts, outputs from any tools or features (including without limitation Artificial Intelligence Tools, analyzers, calculators, simulators, estimators, or other interactive capabilities), or any other newsletter or information or content presented on the Site and Services (collectively, "Site Content"). All Site Content is for general informational and educational purposes only.

The Site Content is not intended to be, and should not be construed as, medical, dental, health, legal, financial, professional, or any other form of advice, diagnosis, recommendation, or treatment of any kind. DentiByte does not provide any such advice or services through the Site or Services, and nothing contained on the Site or Services should be used as a substitute for consultation with a qualified licensed professional.

We make no warranty whatsoever that any Site Content is accurate and do not guarantee that it will verify the statements of its users or the outputs of any tools or features. The content within any User Generated Posts or tool outputs is not intended to be a guarantee of success or positive results—it is for informational purposes only and the results of your actions are the responsibility of you and you alone.

Reliance on any information, tool outputs, or Site Content provided by DentiByte or others appearing on our Site or Services is solely at your own risk. DentiByte disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services.

(a) Calculators and Tools

(including PayIQ, CAC/LTV, Practice Metrics) — All outputs are client-side estimates only. For PayIQ specifically: compensation models vary significantly by state, specialty, experience, contract terms, and other factors. The estimates are for informational purposes only and do not constitute professional, employment, or compensation advice. You should consult a qualified dental attorney or other appropriate advisor before making any employment or compensation decisions.

(b) DentiByte Pro Insurance Breakdown Utility

Generated breakdowns and comparisons are non-binding estimates only. The dental provider remains fully responsible for final billing, benefit verification, and reimbursement determinations with payers.

(c) AI-Generated or Summarized Content

Content produced or summarized with Artificial Intelligence Tools is for educational purposes only and may contain inaccuracies. Always verify with primary sources.

(d) No Doctor-Patient or Professional Relationship

Nothing on the Site or Services creates a doctor-patient, dentist-patient, or any other professional-client relationship. All content is strictly educational and informational.

(e) Sponsored Content / Advertising

The presence of sponsored content or advertising (including in the Finance tab or digest) does not constitute an endorsement by DentiByte of any product, service, or company.

(f) PubMed / NLM Data (if used)

Any references to, citations of, or summaries drawn from PubMed or National Library of Medicine (NLM) sources are provided with appropriate attribution (e.g., "Courtesy of the National Library of Medicine" or "Source: National Library of Medicine") where required. These materials are for educational purposes only and do not constitute medical, dental, or professional advice. NLM is not responsible for this product or service and does not endorse or recommend DentiByte or any of its tools, summaries, or outputs. The U.S. Government does not warrant the accuracy, completeness, or usefulness of any information disclosed. Consult a qualified licensed dental or medical professional for diagnosis, treatment, or advice.

(g) Social Media and Short-Form Video Content

Social media and short-form video content from DentiByte or its co-founders is informational and educational only and not professional billing, coding, legal, or clinical advice. No professional relationship is formed by viewing, liking, commenting on, or otherwise engaging with this content. CDT codes referenced are the property of the American Dental Association; viewers should verify current code descriptors with the ADA and their own payers. DentiByte is not responsible for claim outcomes, denials, audits, or any decisions made based on social media content.

11. Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of DentiByte do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our Site or Services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through DentiByte, please send a notice to our copyright agent at hello@dentibyte.com that includes all of the items below:

  • A reference or subject line that says: "DMCA Copyright Infringement Notice";
  • A description of the copyrighted work that you claim is being infringed;
  • A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
  • Your name, address, telephone number, and email address;
  • The following statement: "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)";
  • The following statement: "The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed";
  • The U.S. Copyright Registration Number or a clear chain of authorization demonstrating your legal right to act on behalf of the copyright owner; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting DentiByte's other rights, we may, in appropriate circumstances, disable or terminate the accounts of users who may be an infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

If a work that you submitted to DentiByte is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a reference or subject line that says: "DMCA Counter-Notification";
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Site or Services which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, telephone number, email address;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided DMCA Notification to us or an agent of such person; and
  • your electronic or physical signature.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

12. Data Protection, Privacy

All personal information that you provide to us in connection with your use of the Site and Services is collected, stored, used, and disclosed by DentiByte in accordance with our Privacy Policy. The Privacy Policy, as may be updated by DentiByte from time to time, is hereby incorporated into these Terms and available at https://dentibyte.com/privacy.

13. Third Party Websites and Services

The Site and the Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter "External Services"). DentiByte does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, we do not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements than those operated by DentiByte with respect to the Site and Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. DentiByte disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against DentiByte with respect to the content or operation of any External Services.

14. Warranty Disclaimer

THE SITE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND INFORMATION ACCESSED THROUGH OR VIA THE SITE OR SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SITE AND/OR SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SITE OR SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SITE AND SERVICES. WHILE DENTIBYTE USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE OR SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE MAKE NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SITE, SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. DENTIBYTE DOES NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SITE AND SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY TRANSMISSION OF USER GENERATED POSTS UPLOADED TO THE SITE OR SERVICES WILL BE SECURE OR THAT ANY TOOLS OF THE SITE OR SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF USER GENERATED POSTS WILL BE EFFECTIVE IN ANY AND ALL CASES, AND WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. DENTIBYTE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THESE TERMS TERMINATE.

15. Limitation of Liability

DENTIBYTE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LAW TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL DENTIBYTE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR ANY OTHER PRODUCTS PROVIDED TO YOU BY DENTIBYTE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, ANY FORM OF ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SITE OR SERVICE, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM LIABILITY OF DENTIBYTE WILL BE LIMITED TO ANY AMOUNT PAID TO DENTIBYTE BY YOU IN CONNECTION WITH THE SITE AND/OR SERVICES THAT UNDERLIE THE CLAIM.

16. Indemnification

You hereby agree to indemnify, defend and hold harmless DentiByte, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: (i) your use of the Site or Services; (ii) any breach or violation by you of these Terms; (iii) your User Generated Posts; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or order; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. DentiByte reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with DentiByte's defense of any claim. You will not in any event settle any claim without the prior written consent of DentiByte, and DentiByte retains full right and control of its decision to settle or not.

17. Dispute Resolution & Class Action Waiver

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND DENTIBYTE (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SITE OR SERVICES.

If a dispute should arise between you and DentiByte we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and DentiByte each agree to first provide the other a written notice ("Notice of Dispute"), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to DentiByte at 3200 Mowry Ave Ste A, Fremont, CA 94536 or (2) emailed to hello@dentibyte.com. You and DentiByte agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit or arbitration, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or DentiByte may commence an arbitration as set forth below.

Any dispute that is not resolved through the 45-day informal resolution period shall be finally settled by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, before a single neutral arbitrator. The arbitration shall take place in Los Angeles, California, and shall be conducted in English. The arbitrator's decision shall be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own attorneys' fees, costs, and expenses unless the arbitrator awards otherwise in accordance with applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR SERVICES, THESE TERMS, OR THE RELATIONSHIP OF THE PARTIES.

18. Additional Terms

  • These Terms constitute the entire agreement between you and DentiByte with respect to the use of the Site and the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site and Services.
  • Except as expressly set forth in these Terms, (i) no failure or delay by DentiByte in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by DentiByte.
  • If any provision of these Terms is found to be invalid, unlawful, void, or enforceable by any court having competent jurisdiction, the invalidity of such provision shall be deemed severable from these Terms and such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
  • The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms.
  • DentiByte may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DentiByte.
  • DentiByte reserves the right to investigate and prosecute any suspected or actual violations of these Terms. DentiByte may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
  • We may communicate with you electronically in regard to the Site or Services, including by email, and we may collect information related to communications between you and DentiByte. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site or Services, your action is intended as an electronic signature which binds you as if you had signed on paper.
  • These Terms are governed by California law, without regard to conflict of laws. Any disputes not subject to arbitration shall be in courts or arbitration venues in California, and the parties hereby waive any right to dispute or challenge this venue.

For questions or comments about the Terms, please email us at hello@dentibyte.com.

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