Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the public website, the Rooted account, the Rooted Node software, and the Rooted / Rooted Intelligence service (together, the “Service”) provided by Rooted Node Inc. (“Rooted,” “we,” “us,” or “our”). By accessing the website or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

To use the Service on behalf of a dental practice, you must be able to form a binding contract and be authorized to act for that practice. If you accept these Terms or use the Service for a practice or other organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to that organization.

Some customers enter into a separate written agreement with Rooted for the paid Service, which may include data-processing terms, PHIPA-related terms, or a future Business Associate Agreement where applicable (a “Customer Agreement”). These public Terms do not replace a Customer Agreement.

You may need a Rooted account to use parts of the Service. You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly if you believe your account has been compromised. We may require reasonable security measures to protect the Service.

You decide which individuals are authorized to use Rooted for your practice and what each of them is permitted to ask about and receive. You are responsible for configuring and maintaining these permissions, for your authorized users’ compliance with these Terms, and for promptly removing access for anyone who should no longer have it.

Paid features of the Service are offered on a subscription basis. Unless stated otherwise at the time of purchase or in a Customer Agreement:

• Fees are charged on a recurring basis according to the billing cadence shown for your plan.
• You authorize us (and our payment processors) to charge the applicable fees using your chosen payment method.
• Fees are exclusive of taxes, and you are responsible for any applicable taxes, which may be added to your charges.
• Except as required by law or expressly stated, fees already paid are non-refundable.

We may change our fees or plans on a going-forward basis, with notice as required by applicable law or a Customer Agreement.

You may cancel your subscription or stop using the Service as described in the Service or in your Customer Agreement. Cancellation generally takes effect at the end of the current billing period, and you remain responsible for fees accrued up to that point. On termination, your right to use the Service ends.

Subject to these Terms and any Customer Agreement, and during your subscription, Rooted grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Rooted Node software solely to use the Service for your practice. You may not copy, modify, distribute, sell, lease, reverse engineer (except as permitted by law), or attempt to derive the source code of the software, or remove any proprietary notices.

Rooted Node is designed to be installed on a workstation at your practice and to operate in the background. You are responsible for meeting basic requirements to run it — such as a suitable computer, operating system, and network connection — and for allowing it to remain installed and running so the Service can function. You are responsible for maintaining your own environment, including backups of your own systems.

Rooted works alongside your existing practice-management and other systems; it does not replace them, and your software continues to run as it does today. You are responsible for your own systems, licenses, and agreements with your other vendors, and for ensuring you are permitted to connect those systems to Rooted and to make information available to the Service.

As between you and Rooted, information from your practice remains yours. You are responsible for the information you or your systems make available to Rooted and for having the necessary rights, authority, and permissions — including any required consents — to make it available and to have Rooted process it to provide the Service. Rooted processes practice information on your behalf as described in our Privacy Policy and any applicable Customer Agreement.

The Service can send communications, including by SMS, RCS, email, and similar channels, to the people you authorize. You are responsible for ensuring you have the appropriate consent for these communications and for honoring opt-out requests. Carriers and message or data rates may apply to recipients. We may handle messaging metadata, delivery information, and consent evidence as described in our Privacy Policy.

You agree not to:

• Use the Service in violation of applicable law or the rights of others.
• Access or use information you are not authorized to access.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems.
• Introduce malicious code or attempt to probe, scan, or test the vulnerability of the Service without authorization.
• Use the Service to send unlawful, deceptive, or unauthorized communications.
• Misuse Rooted’s intelligence, reports, or artifacts in a way that is unlawful or harmful.

The Service produces intelligence, answers, reports, and other artifacts based on the information available to it (“Generated Work”). Subject to these Terms and any Customer Agreement, and to Rooted’s underlying rights described below, Generated Work produced for your practice is provided for your use in operating your practice.

Generated Work is produced by automated systems and can be incomplete, inaccurate, or out of date, and it may not reflect information the Service does not have. It is intended to support — not to replace — your own review and decision-making. You are responsible for exercising appropriate professional judgment and for verifying Generated Work before relying on it for any decision.

Rooted does not provide clinical, legal, accounting, tax, or other regulated professional advice, and the Service and Generated Work are not a substitute for the judgment of a qualified professional. You should obtain appropriate professional advice before making decisions that call for it.

Rooted and its licensors own all rights, title, and interest in and to the Service, including the Rooted Node software, the website, and the underlying technology, models, know-how, and all improvements to them, together with Rooted’s trademarks and brand. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. You may not use Rooted’s trademarks without our prior written permission.

As between you and Rooted, you retain ownership of and control over your practice information. You grant Rooted the rights necessary to process that information to provide and support the Service, consistent with these Terms, our Privacy Policy, and any Customer Agreement. Rooted does not sell your personal information or your Practice health information for advertising, and does not use your Practice information to train shared or general-purpose models as part of the Rooted product model.

Each party may have access to the other’s confidential information in connection with the Service. Each party agrees to use the other’s confidential information only as needed for the Service and to protect it using reasonable measures, except where disclosure is required by law. This section is in addition to any confidentiality or data-protection terms in a Customer Agreement.

The Service may rely on or interoperate with third-party services and providers. Your use of third-party services may be subject to their own terms, and Rooted is not responsible for third-party services it does not control. We select providers that help us operate the Service and require appropriate protections, as described in our Privacy Policy.

The Service evolves over time. We may add, change, or remove features, and we may update how the Service works. We aim to avoid materially reducing the core functionality of a paid subscription during its term; where changes are material, we will provide notice as required by applicable law or a Customer Agreement.

We work to keep the Service available and reliable, but we do not promise that it will be uninterrupted or error-free. The Service may be unavailable from time to time, including for maintenance, updates, or factors outside our reasonable control. Unless expressly agreed in a Customer Agreement, we do not commit to a specific uptime level.

We may suspend or terminate your access to the Service if you materially breach these Terms or a Customer Agreement, if we reasonably believe it is necessary to protect the Service or others, or as required by law. Where practical and lawful, we will provide notice and an opportunity to address the issue. On termination, your license to use the Rooted Node software and the Service ends.

Except as expressly stated in a Customer Agreement, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law. We do not warrant that the Service or Generated Work will be accurate, complete, or suitable for any particular purpose.

To the fullest extent permitted by applicable law, Rooted and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to the Service. To the fullest extent permitted by law, Rooted’s total liability arising out of or relating to the Service will not exceed the amounts you paid to Rooted for the Service in the twelve months before the event giving rise to the liability. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you. Where a Customer Agreement sets out different liability terms for the paid Service, those terms govern.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Rooted and its personnel from and against reasonable claims, damages, and expenses arising out of your misuse of the Service, your violation of these Terms, or your breach of your representations regarding your authority and your rights to make information available to Rooted. This section does not limit rights or obligations set out in a Customer Agreement.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules, and the courts located in Ontario will have jurisdiction, except where applicable law requires otherwise. If you use the Service from another jurisdiction, you are responsible for complying with local law. A Customer Agreement may specify a different governing law or venue for the paid Service, in which case it governs.

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Service after an update takes effect means you accept the updated Terms.

Questions about these Terms can be sent to legal@rootednode.ai. For privacy questions, contact privacy@rootednode.ai. These Terms are offered by Rooted Node Inc.