Terms of Service

By creating an account, signing an order form, or using the Service, you agree to these Terms on behalf of yourself and the dental practice or organization you represent (the “Customer”). If you do not have authority to bind the Customer, or do not agree, do not use the Service. If the Customer has signed a separate written agreement or order form with us, that agreement controls where it conflicts with these Terms.

The Service is for business use by dental practices and their authorized users, such as owners, office managers, providers and front-desk staff. You must be at least 18 years old and authorized by the Customer to use its account. Patients interact with the Service only through communications sent by their dental practice; a practice’s relationship with its patients is governed by that practice’s own policies.

• Each user must have their own account. Do not share sign-in credentials.
• Multi-factor authentication is required for staff accounts and must stay enabled.
• Keep your credentials confidential and notify us promptly at hello@connectsaw.com if you suspect unauthorized access.
• The Customer is responsible for managing its users, assigning appropriate roles, and removing access for people who leave the practice.
• The Customer is responsible for activity under its account, except to the extent caused by our breach of these Terms.

The Customer is responsible for:

• using the Service only in compliance with applicable laws and regulations;
• obtaining and documenting all notices, consents and authorizations required to communicate with its patients through the Service, including consent required under the Telephone Consumer Protection Act (TCPA) and similar laws for text messages and calls, and separate express consent before sending marketing or promotional messages;
• honoring opt-out requests from its patients;
• its own obligations as a covered entity under HIPAA, including its Notice of Privacy Practices and patient rights requests;
• the accuracy, quality and legality of the data it enters or imports, and the content of messages it sends; and
• clinical, billing and business decisions, which remain the practice’s own. The Service is a workflow tool and does not provide medical, legal or billing advice.

Protected health information (PHI) that the Customer submits to the Service is handled under a separate Business Associate Agreement (“BAA”) between the Customer and SAWS LLC. Where the BAA and these Terms conflict regarding PHI, the BAA controls. The Customer must not submit PHI to the Service before a BAA is in place.

You must not, and must not allow anyone else to:

• send spam, unsolicited messages, or messages to people who have not consented or who have opted out;
• send unlawful, harassing, deceptive, or infringing content;
• access data you are not authorized to access, or attempt to bypass security or access controls;
• probe, scan or test the vulnerability of the Service without our written permission;
• interfere with or disrupt the Service, or introduce malware;
• reverse engineer, copy, resell or sublicense the Service except as these Terms allow; or
• use the Service to build a competing product.

The Service works with third-party services that the Customer may choose to connect or use, such as Google Business Profile, payment processors, practice-management systems, telecommunications carriers and fax networks. Use of those services is subject to their own terms and privacy policies, which apply in addition to these Terms. We are not responsible for third-party services, and features that depend on them may change or become unavailable if the third party changes or discontinues its service. Connecting Google Business Profile is optional and can be disconnected at any time; see the Google user data section of our Privacy Policy.

Program description. Dental practices use ConnectSAW to send text messages to their patients, including appointment reminders and confirmations, form links, payment requests, replies to patient messages, and — only to patients who have separately opted in — marketing or promotional messages from the practice. Messages are sent by or on behalf of the patient’s dental practice.

• Message frequency varies depending on your appointments and interactions with your practice.
• Message and data rates may apply.
• Reply STOP to any message to opt out. You will receive one message confirming the opt-out and no further texts unless you opt back in (for example, by replying START).
• Reply HELP for help, contact your dental practice, or email hello@connectsaw.com.
• Consent to receive marketing texts is not a condition of any purchase or of receiving care.
• Carriers are not liable for delayed or undelivered messages.

How we handle mobile information is described in the Text messaging section of our Privacy Policy.

Fees, billing frequency and any usage-based charges (for example, for text messages, calls or faxes) are set out in the Customer’s order form or plan. Unless the order form says otherwise, fees are due as invoiced, are non-refundable, and exclude taxes, which the Customer is responsible for. We may suspend the Service for accounts that are materially past due after giving notice.

As between the Customer and us, the Customer owns all data it and its users submit to the Service, including patient information (“Customer Data”). The Customer grants us a limited license to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service, and as described in our Privacy Policy and the BAA. We do not sell Customer Data. After the Customer’s subscription ends, Customer Data is returned or deleted as the BAA and order form provide.

Each party will protect the other’s non-public business information that it receives in connection with the Service with at least reasonable care, use it only to perform under these Terms, and not disclose it except to people who need to know it and are bound by similar obligations, or where required by law. PHI is governed by the BAA.

SAWS LLC owns the Service, including its software, design, and the ConnectSAW name and logo. Subject to these Terms and payment of applicable fees, we grant the Customer a non-exclusive, non-transferable right for its authorized users to use the Service for the Customer’s internal business purposes during the subscription. If you send us feedback or suggestions, we may use them without obligation to you.

The Customer may stop using the Service at any time, subject to the commitments in its order form. We may suspend or terminate access if the Customer or its users materially breach these Terms, if required by law, or if use of the Service poses a security risk or could harm the Service, other customers, patients or third parties. Where reasonable, we will give notice and an opportunity to cure first. Sections that by their nature should survive termination — including fees owed, customer data, confidentiality, disclaimers, limitation of liability and indemnification — survive.

Except as expressly stated in these Terms or a signed agreement, the Service is provided “as is” and “as available,” and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that messages, faxes or other communications will be delivered, since delivery depends on carriers and other third parties.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of or relating to these Terms or the Service. Each party’s total liability arising out of or relating to these Terms or the Service will not exceed the amounts the Customer paid us for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to the Customer’s payment obligations or to a party’s indemnification obligations, or where the law does not allow them.

The Customer will defend and indemnify SAWS LLC against third-party claims arising from the Customer’s Customer Data, its messages to patients (including any failure to obtain required consents), or its use of the Service in violation of these Terms or applicable law.

These Terms are governed by the laws of the state in which SAWS LLC is organized, without regard to its conflict-of-laws rules, and applicable United States federal law.

We may update these Terms from time to time. When we do, we will change the “Last updated” date above, and if the changes are material we will notify Customers by email or in the application before they take effect. Continued use of the Service after changes take effect means you accept them.

Questions about these Terms:

SAWS LLC (ConnectSAW)
Email: hello@connectsaw.com