Terms of Service

1. Who these Terms bind

DentalX is a product of VstreamX Studio Inc., and the Clinic is our customer. The Clinic’s Users use DentalX on the Clinic’s behalf, and the Clinic is responsible for what they do in it. Patients are not parties to these Terms; how a clinic handles its patients’ information is between the clinic and its patients.

2. Definitions

• Service means DentalX: the clinic app at app.dentalx.studio, the pages patients open from a clinic’s messages, the public website at dentalx.studio, and the servers and functions behind them.
• Users means the people the Clinic lets into its account: its owners, managers, dentists and receptionists.
• Customer Data means everything the Clinic and its Users enter into, upload to or receive through the Service, including Patient Data.
• Patient Data means information about the Clinic’s patients, including their health information, appointments, treatments, images, documents, consent forms, prescriptions, invoices and the messages they exchange with the Clinic.
• Protected health information has the meaning the United States Health Insurance Portability and Accountability Act (“HIPAA”) and its regulations give it.
• Business Associate Agreement means a business associate agreement under HIPAA between VstreamX and a Clinic in the United States, signed by both.
• Plan means the package the Clinic is on, with the features and limits the Clinic’s Plan & Billing page in the app shows for it.
• Price list means the prices on the DentalX pricing page for the country recorded for the Clinic.
• Privacy Policy and sub-processors page mean the documents at /legal/privacy and /legal/subprocessors.

3. The Service

DentalX is software for running a dental clinic: patient records and charting, scheduling, treatments and treatment plans, radiographs and photographs, consent forms, prescriptions, invoices and payments, reminders and recalls, reports, inventory and lab orders, and AI-assisted drafting. Which features the Clinic has depends on its Plan and on its country (section 9).

DentalX does not submit insurance claims, does not send electronic prescriptions to pharmacies, and does not issue tax invoices through any government tax system. We improve the Service over time and may add, change or remove features. If we remove a feature that is a material part of your paid Plan, we will tell the clinic owner at least 30 days before, and you may cancel and receive a refund of fees you prepaid for the period after the removal.

4. Accounts, seats and security

• Creating the account. A clinic owner creates the Clinic’s account by giving the clinic’s name and country and their own name and email address. The information must be accurate and kept up to date.
• Users and roles. The Clinic invites its Users and gives each one a role (owner, manager, dentist or receptionist), which decides what that person can see and do. Each person must have their own login; logins must not be shared. The number of Users is limited by the Plan, as the Plan & Billing page shows. Users must be adults authorized by the Clinic, and the Clinic must remove a person’s access promptly when they should no longer have it.
• Security of credentials. Users must keep their passwords and second factors confidential. The Clinic is responsible for activity under its Users’ logins. DentalX asks for a second factor at sign-in from every User who has set one up, and the clinic owner can make a second factor required in the app for the Clinic’s owners and managers; clinics in the United States start with that requirement on. DentalX signs a User out after eight hours without activity, including when the browser was closed in the meantime; sign out from the menu on a shared computer.
• Tell us at once at admin@vstreamx.com if you believe a login has been compromised or the Service has been used without authorization.

5. Your responsibilities as a clinic

• The right to the data. You are responsible for having a lawful basis, and any consent the law requires, to collect the Patient Data you enter and to use it as you do in DentalX, including to contact patients by email or WhatsApp and to photograph them.
• Your patients’ notice. You are responsible for giving your patients the privacy notice your law requires. It must tell them, where your law requires it, that their information is processed by DentalX on your behalf and stored in the United States, as section 8.7 describes. For practices in the United States, our model Notice of Privacy Practices for US practices is a starting point you fill in and adopt in your own name.
• Accuracy. You are responsible for the accuracy of what you enter, including your clinic’s details, its country, its currency and tax settings, and the licence numbers your prescribers print on prescriptions.
• Your country. The country recorded for your clinic decides which features are available to it, which price list applies and which agreement it needs (sections 8.10, 9 and 11). It must be the country where the clinic practises.
• Records you must keep. You decide how long to keep your records, and you must keep them for as long as the law and your professional rules require. DentalX does not delete records on a schedule while your account is active, but your access ends with your account and its data is then deleted (sections 8.11 and 13), so export what you must keep.
• Messages you send. You are responsible for the messages you send through DentalX, who receives them, and their consent to receive them. DentalX stops WhatsApp messages to a patient who replies STOP.
• Templates and starter content. The consent templates, procedure catalogue, prices and other starter content DentalX provides are starting points, not legal or clinical advice. Review them, with your own counsel where needed, before you use them.
• On-screen signatures. A consent form can be signed on screen at the clinic or by the patient from a link DentalX sends. When the patient signs from a link, the record also keeps the name they typed, the time, a fingerprint of the exact text signed, the browser used, and the network address recorded with the request, which may not identify the patient’s device. An on-screen signature is not a certified or qualified electronic signature. You decide whether it meets your law for each consent you take.
• Your obligations. You comply with the laws and professional rules that apply to your clinic, including on health records, privacy, prescribing, consumer protection and tax.

6. Clinical judgement and AI

• DentalX is a tool, not a clinician. It does not practise dentistry or medicine and gives no medical, dental, legal or tax advice. Every clinical decision is the treating clinician’s.
• Clinical checks are prompts. The allergy and drug-interaction checks shown when a prescription is written compare what is recorded against a curated list. They can miss an interaction and can flag a harmless one. They do not replace professional references or judgement.
• AI output is informational. The AI features produce drafts generated by a language model. A draft may be incomplete or wrong, and a licensed clinician must check it before anyone relies on it or shares it with a patient. The clinical AI features, which draft clinical notes, treatment plans and visit summaries, summarize documents and analyse radiographs, are available only to owners, managers and dentists. The AI assistant, which answers general clinical and practice questions, and the scans that read identity cards, insurance cards and supply invoices into forms, are available to every User. AI output is labelled as AI output. A radiograph reading and a document summary are saved with that radiograph or document, labelled as AI output; other drafts become part of a record only when a person adds them. An answer that reached its length limit says that it is incomplete.
• No doses originated. The clinical AI features and the AI assistant are instructed never to originate a dose, calculate one from weight or age, prescribe, or give advice for a particular patient, and to reproduce exactly a dose that a clinician or a record wrote. That instruction is not a guarantee: DentalX does not check AI answers for doses. The prescribing clinician decides every medicine and every dose.
• No diagnosis. AI analysis of a radiograph is an aid for the clinician, not a diagnosis. It is not available to clinics in the United States.

7. Acceptable use

You and your Users must not:

• use the Service for anything unlawful, or enter data you have no right to use;
• try to reach another clinic’s data, get around the Service’s security, roles or Plan limits, or test its security without our written permission;
• upload malicious code, overload the Service, or collect data from it by automated means;
• send spam or unsolicited marketing through DentalX’s email or WhatsApp messages;
• share logins, or let anyone outside the Clinic use its account;
• resell, sublicense or offer the Service to others, or copy, decompile or reverse-engineer it except where the law allows it despite this restriction; or
• use the Service, or anything learned from it, to build a competing product.

8. Customer Data, Patient Data and our role

8.1 Your data stays yours

Customer Data belongs to the Clinic, subject to any rights its patients have in their own information. You give VstreamX a limited, non-exclusive licence to host, copy, transmit, display and otherwise process Customer Data only to provide, secure and support the Service for you, and as the law requires.

8.2 Our role

For Patient Data, the Clinic is the party responsible under privacy law (for example the controller, the responsable under Mexican law, the custodian or trustee under a Canadian provincial health-information law, or the covered entity under HIPAA) and decides why and how it is processed. VstreamX processes Patient Data on the Clinic’s behalf, as its processor, service provider, information manager or agent, and, for a clinic in the United States, as its business associate, under the Business Associate Agreement section 9 requires.

8.3 Only on your instructions

We process Patient Data only to provide the Service as these Terms describe and as you configure and use it, which together are your instructions, and where the law requires us to. If the law requires us to process it otherwise, we tell you first unless the law forbids it. We do not sell Patient Data, use it for advertising, use it to train AI models, or use it for any purpose of our own. If we believe an instruction breaks the law, we tell you.

8.4 Who at VstreamX can see it

Only people who need it to run, secure or support the Service, and only for that purpose. DentalX’s administrative console does not show patient records to our support staff. The people who administer our Google Cloud project can technically reach stored data; they do so only to keep the Service running or secure, at your request, or where the law requires.

8.5 Security

We maintain the safeguards the Privacy Policy describes, including encryption in transit, encryption at rest, additional encryption of the patient record’s identifying fields, isolation of each clinic’s data, roles, multi-factor authentication, an audit trail and daily backups. We may change them, but we will not reduce the overall protection of Patient Data during your subscription.

8.6 Sub-processors

You authorize the providers listed under “Our sub-processors” on the sub-processors page. Each processes data under its written terms with us, and we remain responsible to you for the part of the Service each one performs, to the extent the law makes us so. The services listed there under “Services you connect” are not our sub-processors: you connect them under your own agreement with their provider, and section 10 governs them. Stripe, listed there as the payment processor for our own billing, receives billing data about the Clinic and no Patient Data. We publish a new sub-processor that will receive Patient Data on that page at least 30 days before it starts, and tell clinic owners by email. If you object on reasonable grounds, you may cancel before the change, and we will refund the fees you prepaid for the period after cancellation.

8.7 Where Patient Data is kept

Customer Data is stored on Google Cloud in the United States: the database in Google’s United States multi-region and files and server functions in Iowa. AI requests may be served by Google from a data centre outside the United States, and email and WhatsApp messages are processed where Google and Meta operate, in the United States and other countries. You are responsible for any notice, consent or other basis your law requires for that.

8.8 Helping you meet your obligations

The Service lets the Clinic’s owner and managers export a patient’s record, correct it, and delete or anonymize it, and export the whole Clinic’s data. A patient’s export contains the patient’s record and lists the patient’s files, which can be downloaded from the patient’s chart. Deleting a patient also deletes the patient’s WhatsApp conversations and the files the patient sent over them, and takes the patient’s name off the Clinic’s cash-register lines, whose amounts stay in the cash book; the audit trail of what was done is kept for seven years (section 13.6). We will also help you, as reasonably necessary, to answer a patient or an authority with information only we hold. If a patient asks us directly about their information, we pass the request to you and do not answer it ourselves unless the law requires us to.

8.9 Security incidents

If we become aware of a breach of security that leads to the accidental or unlawful destruction, loss, alteration, disclosure of, or access to Patient Data we process for you, we will tell you without undue delay, with what we know and more as we learn it, and take reasonable steps to contain it and limit its effects. For a clinic in the United States, the Business Associate Agreement governs notice of a breach of protected health information.

8.10 Other written agreements

Where your law requires a written contract between you and a processor of personal data, this section 8 is that contract unless we sign a separate one with you. In particular:

• The European Union, the United Kingdom and Brazil. If the European Union or United Kingdom General Data Protection Regulation, or Brazil’s General Personal Data Protection Law (LGPD), applies to your clinic, do not enter Patient Data until we have signed a data processing agreement with you that covers its transfer to the United States.
• Canada. For a clinic in Canada, this section 8 is intended to serve as the written agreement that provincial health-information laws require between a clinic and the information manager or agent that processes its patients’ information, such as Manitoba’s Personal Health Information Act and Ontario’s Personal Health Information Protection Act, 2004. If your province requires terms that this section does not contain, we will sign them with you on request.
• The United States. Section 9 applies.

8.11 Return and deletion

When the Clinic instructs us in writing to delete its Patient Data, or when 90 days have passed since its subscription ended without a new one, we delete the Clinic’s Patient Data within 30 days, except what the law requires us to keep. Before we delete it, we make a complete export of the Clinic’s data available to the clinic owner for download (section 13.4), and we tell the clinic owner by email, at least 30 days before, the date on which the deletion will take place; a deletion on the Clinic’s instruction therefore takes place 30 days after we receive the instruction, unless it names a later date. We keep the audit trail, with the details that could name a patient removed, for seven years, and the other records section 13.4 lists.

Deleted data remains in our database backups until they expire, within seven days of the deletion. Earlier versions of deleted files may remain in the storage service’s version history: we remove them on request, and an automatic removal 30 days after deletion is being put in place. Until they are removed, those copies stay under the same protections and are used only to recover from a failure.

9. Clinics in the United States

• No protected health information before a signed Business Associate Agreement. Under HIPAA, VstreamX becomes a business associate of a clinic in the United States through what it does for that clinic, not by signing an agreement. A Business Associate Agreement signed by both of us must therefore be in place before any protected health information reaches DentalX. Until it is, you must not enter, upload or send protected health information through DentalX, and you may evaluate DentalX only with fictitious data. DentalX does not let a clinic in the United States add patients until a Business Associate Agreement signed by both of us is recorded for it. Entering protected health information before that agreement is signed breaches these Terms: we may suspend the account (section 12) and delete that information, and the Clinic remains responsible for it under HIPAA. Ask for the agreement at admin@vstreamx.com. Where it and these Terms conflict about protected health information, the Business Associate Agreement controls.
• Features that are off. For a clinic whose country is the United States, DentalX does not offer WhatsApp messaging, AI analysis of radiographs or dictation. Reminders go by email.
• Prescriptions. DentalX produces prescriptions as printed or emailed records. They are not electronic prescriptions, and DentalX is not certified for controlled substances. You remain responsible for any electronic-prescribing requirement of your state.
• Your connected services. Calendar sync sends patient names and treatments to the Google account you connect. Do not connect an account unless your agreement with Google covers protected health information in it.

10. Third-party services and services you connect

Parts of the Service rely on other companies under their own terms and policies: Stripe processes the payments for our billing, and Google provides sign-in with a Google account. You may also connect accounts of your own to DentalX: a Google account for calendar sync and, where DentalX offers it, your own WhatsApp Business account. A service you connect is governed by your own agreement with its provider, whose terms you accept for it, and you are responsible for whether that agreement covers the information DentalX sends to it, as the sub-processors page describes. We are not responsible for a third party’s own service or for a service you connect, except for our sub-processors as section 8.6 describes. If a provider changes or withdraws its service, we may change or remove the feature that depends on it.

11. Plans, fees and billing

11.1 Plans and limits

Each Plan’s features and limits, and its price, are shown on the price list and on the app’s Plan & Billing page. The price list that applies is the one for the country recorded for your clinic. Prices are in US dollars unless the price list shows another currency. When a limit is reached, the action it limits stops until there is room under it again (for a limit counted per month, at the start of the next calendar month in Coordinated Universal Time) or until you move to a larger Plan.

11.2 Free trial

A new clinic receives a free 14-day trial of the paid features, as its Plan & Billing page shows. No card is needed for the trial.

11.3 When the trial ends

If you have not subscribed by the end of the trial, your clinic continues on a free plan, with the features and limits its Plan & Billing page shows, and nothing is deleted. Records you created with features of the trial that the free plan does not include stay readable, but you cannot create new ones. We will not charge you unless you subscribe. We may end the free plan by telling the clinic owner at least 30 days before; if you have not subscribed by then, section 13 applies as if your subscription had ended on that day. You can export your data at any time.

11.4 Subscribing and paying

The clinic owner or a manager subscribes from the pricing page or the app’s Plan & Billing page, choosing monthly or yearly billing, or as we agree with you in writing (for example by invoice). Payments are processed by Stripe, and VstreamX Studio Inc. is the merchant for every DentalX charge. You enter your card details on Stripe’s checkout and billing pages; they go to Stripe and are never stored by VstreamX. We keep the business record of each subscription: the Plan, its status and Stripe’s references to it. A discount or promotion code applies only as stated when it is offered.

11.5 Renewal

Fees are charged in advance at the start of each billing period. A subscription renews automatically at the end of each period, at the price then in effect, until it is cancelled.

11.6 Price changes

We may change prices for future billing periods. We will tell the clinic owner at least 30 days before a price increase applies to your subscription; it applies from your first renewal after that notice.

11.7 Changing Plans

You change Plans from Manage billing on the Plan & Billing page, where it is offered, which opens Stripe’s billing page, or by writing to us at admin@vstreamx.com. A change made on Stripe’s billing page, and any charge or credit for the rest of the current period, is applied as that page shows before you confirm; a change we make for you is applied as we confirm to you in writing. Your features and limits follow the new Plan.

11.8 Taxes

Prices do not include taxes. Where the law requires us to collect a sales, value-added or similar tax, it is added at checkout, or to our invoice. You are responsible for any other taxes on your purchase. If the law requires you to withhold tax from a payment to us, you will pay the additional amount needed for us to receive the full fee.

11.9 Failed payments

If a payment fails, Stripe retries it according to its settings, and your clinic keeps its Plan while the payment is overdue. If the subscription ends because the payment still could not be collected, it is treated as a cancellation under section 13. We may also suspend the Service for an unpaid amount under section 12.

11.10 Refunds

Fees are not refundable, including for part of a billing period, except where these Terms provide a refund or the law requires one.

12. Suspension

We may suspend the Clinic’s access to the Service:

• if an amount due remains unpaid after we have told the clinic owner about it;
• if use of the account breaches section 7 or section 9 or threatens the security, integrity or availability of the Service, of other clinics’ data, or of patients;
• if we reasonably believe the account is being used without authorization or unlawfully; or
• if the law or a competent authority requires it.

Where we can, we tell the clinic owner first and give a chance to fix the problem. Where there is an urgent security or legal reason, we may suspend first and tell you promptly afterwards. A suspension does not delete any data. While the Clinic is suspended:

• its Users see a paused screen instead of the clinic app, from which the clinic owner and managers can still download an export of the Clinic’s records. That export lists the Clinic’s stored files; the files themselves cannot be opened from the app while the Clinic is suspended, and can be downloaded again once access is restored, or the clinic owner can ask us for a copy of them at admin@vstreamx.com;
• automatic reminders, recall messages and other notices from DentalX to the Clinic and its patients stop;
• patients can still confirm or cancel an appointment, open their appointment page and sign a consent form from a link already sent to them, but cannot book or reschedule;
• messages patients send to the Clinic over WhatsApp are still received and kept; and
• the Clinic cannot subscribe or change its billing from the app. A clinic suspended for an unpaid amount should write to admin@vstreamx.com, and we lift the suspension once the account is brought up to date.

We lift a suspension when its reason has been resolved.

13. Cancellation, export and deletion

13.1 Cancelling

You may cancel a subscription at any time from Manage billing on the Plan & Billing page, where it is offered, or by writing to admin@vstreamx.com. A cancellation made on Stripe’s billing page takes effect as that page states when you confirm it, which is normally the end of the period you have paid for; your Plan continues until then. A clinic without a paid subscription closes its account by writing to us.

13.2 Exporting your data

The clinic owner and managers can export the Clinic’s data at any time, including after a cancellation and during a suspension. The export contains the Clinic’s patient, clinical, financial and messaging records, its settings and its templates, and a list of its stored files (radiographs, photographs, documents and signed consent forms), which can be opened and downloaded from the app until the Clinic’s data is deleted, except while the Clinic is suspended (section 12). They can also export an individual patient’s record, which lists that patient’s files. An export file you create is deleted from our servers seven days after it is made, so download it promptly.

13.3 After a subscription ends

When a subscription has ended, the account is restricted: the Clinic’s Users can still open patient records, the clinic owner and managers can export the Clinic’s data, and the app stops offering the other features.

13.4 What happens to your data

For 60 days after a subscription ends we keep all of the Clinic’s data, and you can export it. After those 60 days we prepare a complete export of it and make it available to the clinic owner. We then delete the Clinic’s data as section 8.11 provides, after telling the clinic owner by email, at least 30 days before, the date of the deletion. Deleting the Clinic’s data also deletes that export, so download it before the deletion date we give you. Deleting it removes the Clinic’s patient, clinical, financial and messaging records and its files. We keep the Clinic’s account details, its staff accounts, its subscription and billing record, and its audit trail with patient details removed, as the Privacy Policy describes. Backups and earlier versions of files are handled as section 8.11 describes.

13.5 Coming back

If you subscribe again before your data is deleted, the account returns with all of its data.

13.6 Deleting a patient

The clinic owner and managers can delete or anonymize an individual patient’s records at any time from that patient’s chart. Deleting removes the patient’s records and files, including the patient’s WhatsApp conversations and the files the patient sent over them. Anonymizing removes the patient’s identifying details, the name copied onto their records and their WhatsApp conversations, and keeps the clinical content. Either way the patient’s cash-register lines stay in the Clinic’s cash book, because they make up the totals of days already closed, with the patient’s name taken off them. Either way, the audit trail of what was done is kept for seven years. You are responsible for doing so only where your law allows it.

14. Availability, support and backups

We work to keep DentalX available and working well, but we do not promise that it will be uninterrupted, free of errors or available at any particular time, and these Terms contain no service-level commitment. We may interrupt the Service for maintenance or to protect it, and we try to do so at quiet times. We take daily backups of the database, kept for seven days, and keep point-in-time recovery for seven days; backups exist to recover from failures and are not a substitute for your own exports. Support is available from the Help & Support page in the app and at admin@vstreamx.com.

15. Intellectual property and trademarks

• What is ours. VstreamX Studio Inc. owns DentalX: its software, its design and content (including its starter catalogues and templates), its documentation, and the DentalX name and logo, together with all intellectual property rights in them. These Terms transfer none of them to you.
• What is yours. Customer Data belongs to the Clinic, as section 8.1 states, and so do your clinic’s name and logo, which you allow us to show in the Service for you.
• Your licence. While your account is active, we give the Clinic a non-exclusive, non-transferable right, which it cannot sublicense, for its Users to use the Service for the Clinic’s own operations under these Terms.
• Starter content. You may use, copy and adapt the templates and catalogues DentalX provides for your clinic’s own use, and we claim nothing in your adaptations.
• Trademarks. “DentalX” and the DentalX logo are trademarks of VstreamX Studio Inc., and these Terms grant no right to use them, except to identify DentalX as the service your clinic uses.
• Feedback. If you send us suggestions, we may use them without any obligation to you.

16. Confidentiality

Each party will protect the other’s non-public information that it receives under these Terms with reasonable care, use it only for these Terms, and disclose it only to people who need it for that purpose and are bound to keep it confidential, or where the law requires (after telling the other party, where the law allows). This does not apply to information that is or becomes public through no fault of the receiving party, that it already had or developed independently, or that it received lawfully from someone else. Patient Data is also protected by section 8.

17. Warranties and disclaimers

Each party confirms that it has the authority to enter into these Terms. Except for the commitments these Terms state expressly, and to the fullest extent the law allows, the Service is provided “as is” and “as available”, and VstreamX gives no other warranty, condition or representation, express or implied, including of merchantability, quality, fitness for a particular purpose, accuracy or non-infringement. In particular, we do not warrant that AI output, clinical checks, templates, translations of clinical terms or calculations are accurate or complete, or that the Service will meet a requirement of your law that these Terms do not describe.

18. Limitation of liability

18.1 Excluded losses

Neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business or goodwill, arising out of or relating to these Terms or the Service.

18.2 The cap

Each party’s total liability arising out of or relating to these Terms and the Service, for all claims together, is limited to the greater of the fees the Clinic paid VstreamX for the Service in the twelve months before the event giving rise to the claim and US$100.

18.3 What the limits do not cover

Sections 18.1 and 18.2 do not limit:

• the Clinic’s obligation to pay fees that are due;
• the Clinic’s indemnities in section 19.1;
• the Clinic’s liability for a breach of section 7 by the Clinic or its Users;
• liability for fraud or wilful misconduct;
• liability for death or personal injury, to the extent the law does not allow liability for it to be limited; or
• any other liability that the applicable law does not allow to be limited or excluded.

18.4 How the limits apply

These limits apply whatever the legal basis of the claim, in contract, in tort (including negligence), under statute or otherwise, and even if a party was told the loss was possible. They reflect the allocation of risk on which the fees are set.

19. Indemnities

19.1 Yours

The Clinic will defend VstreamX, its directors, officers and employees against any claim by a third party (including a patient or an authority), and pay the damages, fines and reasonable legal costs finally awarded or agreed in settlement, to the extent the claim arises from: (a) the care the Clinic provides and the clinical decisions of its Users; (b) Customer Data, including its collection, entry or sending without a notice, consent or right the law requires; or (c) a breach of section 7 or of the law by the Clinic or its Users.

19.2 Ours

VstreamX will defend the Clinic against any claim by a third party, and pay the damages, fines and reasonable legal costs finally awarded or agreed in settlement, to the extent the claim arises from: (a) an allegation that the Service, as we provide it and you use it under these Terms, infringes that third party’s intellectual property rights; or (b) a breach by VstreamX of section 8 or of the law in providing the Service. Point (a) does not cover a claim caused by Customer Data, by a change to the Service not made by us, or by combining the Service with something we did not provide. If the Service is, or we believe it may be, subject to such a claim, we may change it so that it does not infringe, obtain the right for you to keep using it, or end the affected part and refund the fees you prepaid for it for the period after it ends.

19.3 How a claim is handled

The party seeking protection must tell the other promptly in writing (a delay matters only to the extent it causes harm), let it control the defence and settlement, and cooperate reasonably at its expense; it may take part with its own lawyers at its own cost. No settlement may admit fault for, or impose an obligation on, the protected party without its consent, which it will not withhold unreasonably.

19.4 Limits

VstreamX’s indemnity in section 19.2 is subject to section 18. The Clinic’s indemnities in section 19.1 are not, as section 18.3 provides.

20. Term and termination

• Term. These Terms apply from the moment the account is created until it is closed and its data has been handled under sections 8.11 and 13.
• By you. You may stop using the Service and cancel at any time, under section 13.1.
• By us, for cause. We may end these Terms if the Clinic materially breaches them and does not fix the breach within 30 days of our notice, or at once by notice if the Clinic breaches section 7 in a way that threatens the Service, other clinics or patients, if the law requires it, or, where the law allows, if the Clinic becomes insolvent.
• If we stop offering DentalX. We may stop offering the Service by telling the clinic owner at least 90 days before, and we will refund the fees you prepaid for the period after it ends.
• What follows. When these Terms end, the right to use the Service ends, fees already due remain due, and sections 8.11 and 13 govern the data. Sections 8, 13 and 15 to 23, and any other part that by its nature should last, survive the end of these Terms.

21. Changes to these Terms

We may change these Terms. The effective date and revision at the top of this page always identify the current text. We will tell clinic owners by email, and in the app, at least 30 days before a change that reduces your rights or increases your obligations takes effect; other changes take effect when they are published, and a change the law requires may take effect sooner. We may also ask the clinic owner to accept a new version in the app. If you do not accept a change, you may cancel before it takes effect, and we will refund the fees you prepaid for the period after cancellation. Continuing to use the Service after a change takes effect, once we have told you about it, means accepting it.

22. General

• The whole agreement. These Terms, any Business Associate Agreement or data processing agreement we sign with you, and your Plan are the whole agreement about the Service. If they conflict, a Business Associate Agreement prevails about protected health information, then a signed data processing agreement about personal data, then these Terms.
• Transfer. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or to a buyer of the business that provides DentalX, and will tell you if we do.
• Events beyond control. Neither party is liable for a delay or failure caused by events beyond its reasonable control, other than an obligation to pay.
• Notices. We send notices to the clinic owner’s email address in the account, or in the app. You send notices to admin@vstreamx.com or to our registered office. A notice by email takes effect one business day after it is sent, unless the sender learns that it was not delivered.
• Electronic acceptance. Accepting these Terms online, and notices given electronically, have the same effect as a signed paper document.
• Severability and waiver. If a court finds part of these Terms unenforceable, the rest remains in force and that part is applied as far as the law allows. Not enforcing a right is not a waiver of it.
• No third-party rights. Nobody other than the Clinic and VstreamX has rights under these Terms.
• Independent parties. The parties are independent contractors; these Terms create no partnership, employment or agency.
• Language. These Terms are written in English. If we provide a translation, the English text prevails where they differ.
• Interpretation. “Including” means including without limitation, and headings do not change the meaning of a section.

23. Governing law and courts

These Terms, and any dispute arising out of or in connection with them or the Service, are governed by the laws of the Province of Manitoba and the federal laws of Canada that apply there. The courts of Manitoba have exclusive jurisdiction over any such dispute, and both parties submit to them. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in these Terms removes a right that the law of your country gives you and that cannot be excluded by contract.

24. Contact

Questions about these Terms, notices, and requests for a Business Associate Agreement:

VstreamX Studio Inc.
Office B - 1043 Rosser Ave, Brandon MB R7A 0L5, Canada
admin@vstreamx.com