top of page

Terms of Use

1. Account Licensing and Ownership

All accounts created within a Smarter Practice AI workspace are provisioned under Smarter Practice AI’s OpenAI tenant and licensed to the subscribing dental practice (“Customer”) for use during an active subscription.

​

Accounts remain the property of Smarter Practice AI and may be reassigned, suspended, or terminated at Smarter Practice AI’s discretion or as required by OpenAI.

All rights, title, and interest in the Service (excluding Customer’s data) remain with Smarter Practice AI and/or OpenAI.

2. Account Assignment, Email Requirements, and Deactivation

All user accounts must be tied to a Customer-controlled email address (e.g., *@yourpracticedomain.com). Personal email addresses are not permitted.

 

User accounts may not be transferred outside the subscribing practice and cannot be reassigned to a new email address once created.

 

Data generated by a user remains tied to the Customer’s workspace.

 

Smarter Practice AI reserves the right to deactivate or reassign accounts in accordance with OpenAI’s Business Terms.

3. Subscription Terms and Payments

  • Billing: Fees are billed monthly or annually in advance, depending on plan.

  • Renewals: Subscriptions auto-renew unless cancelled.

  • Cancellation: Customer may cancel anytime; access remains until the end of the billing cycle; no prorated refunds.

  • Responsibility: Billing continues until the Customer’s account manager updates the subscription.

4. Restrictions

Customer agrees not to:

  • Copy, reverse-engineer, or modify the Service.

  • Share accounts outside the subscribing practice.

  • Export, transfer, or replicate the Service in a way that infringes on Smarter Practice AI or OpenAI intellectual property.

  • Use the Service for unlawful, harmful, or misleading purposes.

  • Violate OpenAI’s Business Terms or Usage Policies.

5. Data Security, Privacy, and HIPAA

HIPAA Compliance: All Smarter Practice AI subscriptions run on ChatGPT Enterprise under our Enterprise Agreement with OpenAI. This ensures that every account is HIPAA compliant by default.

​

  • Data Handling: Smarter Practice AI does not access, store, or process Customer data beyond what is required for account setup and subscription management.

  • OpenAI Data Use: OpenAI does not use data from ChatGPT Enterprise accounts (including prompts or responses) to train its models. See OpenAI Business Data Privacy for details.​

  • Customer Responsibility: Customers are responsible for implementing HIPAA-compliant use of the Service within their practice and for maintaining compliance with all other applicable privacy laws.

6. Service Availability and Third-Party Terms

Dependence on OpenAI: The Service depends on OpenAI’s ChatGPT infrastructure. Smarter Practice AI makes no guarantee of uninterrupted availability; changes to OpenAI’s services may affect performance.

​

Third-Party Terms: Customer and its End Users must comply with OpenAI’s Business Terms and Usage Policies, which are incorporated by reference.

​

Flow-Down: Customer acknowledges that limitations, restrictions, and changes imposed by OpenAI flow down to Customer’s use.

7. Limitation of Liability

The Service is provided “as is,” without warranties of any kind.
 

Smarter Practice AI is not liable for indirect, incidental, or consequential damages.
Aggregate liability for claims shall not exceed the fees paid by Customer to Smarter Practice AI in the twelve (12) months preceding the claim, mirroring OpenAI’s liability cap.

8. Indemnification

Customer agrees to indemnify, defend, and hold harmless Smarter Practice AI, OpenAI, and their affiliates, officers, and employees from any claims, damages, or expenses arising out of:

  • Customer’s misuse of the Service,

  • Violation of laws or regulations (including HIPAA),

  • Violation of OpenAI’s Business Terms or Usage Policies, or

  • Infringement of third-party rights.

9. Termination

Smarter Practice AI may suspend or terminate access immediately if:

  • Fees are unpaid,

  • Customer violates these Terms or OpenAI’s Business Terms, or

  • Use of the Service poses a security, legal, or reputational risk.

 

Upon termination, Customer may request export of its data within 30 days.

10. Governing Law, Arbitration, and Venue

These Terms are governed by the laws of VA.

 

Disputes shall be resolved by binding arbitration (AAA Commercial Arbitration Rules) in Fairfax, VA.

 

No class actions permitted. Venue for non-arbitrable matters is exclusively Fairfax, VA.

11. Force Majeure

Smarter Practice AI is not liable for delays caused by factors beyond its control, including OpenAI outages, acts of God, natural disasters, or government restrictions.

12. Survival

Sections on Licensing, Restrictions, HIPAA, Service Availability, Liability, Indemnification, Governing Law, and Survival remain effective after termination.

13. Entire Agreement and Updates

These Terms constitute the entire agreement between Customer and Smarter Practice AI and supersede prior agreements. If any provision is found unenforceable, the remaining terms remain in effect.


Smarter Practice AI may publish updates to these Terms at http://www.smarterpractice.ai/terms. Customers are responsible for reviewing updates periodically, and continued use of the Service constitutes acceptance of the updated Terms.

bottom of page