Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the websites, online booking tools, automated scheduling and answering (AI) assistant, text (SMS) messaging program, and other digital services (collectively, the “Services”) provided by Philadelphia Dental, Inc. and its affiliated dental offices (“Philadelphia Dental,” “we,” “us,” or “our”), and they also describe important terms that apply to your relationship with our practice as a patient or prospective patient.

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services, booking or requesting an appointment, communicating with us electronically, or opting in to receive text messages, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Services.

Section 14 contains a binding arbitration agreement and a class-action waiver that affect your legal rights. Please review it carefully.

1. Who We Are

Philadelphia Dental, Inc. is a Pennsylvania corporation with its principal office at 1732 S. Broad Street, Philadelphia, PA 19145. Our practice operates dental offices at multiple locations in the Philadelphia and Washington, D.C. metropolitan areas. You can reach us at (215) 336-8391 or contact@philadental.com.

Dental and clinical services are provided by licensed dentists and clinical staff who exercise independent professional judgment. References to “we” or “our” in these Terms describe the practice and its digital Services generally and do not alter the independent professional responsibility of the treating provider.

2. Eligibility and Accounts

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Services on your own behalf. If you are using the Services on behalf of a minor or another person (for example, as a parent, guardian, or authorized representative), you represent that you have the legal authority to do so and to accept these Terms for that person.

If the Services allow you to create an account or patient profile, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of any login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

3. Description of the Services

The Services are intended to help you learn about our practice, request or schedule appointments, communicate with our team, and manage aspects of your care. The Services may include the following features, some of which may not be available at all times or in all locations:

• Website content. Informational pages about our practice, providers, locations, and treatment options.
• Online booking. Tools that let you request, schedule, reschedule, or cancel appointments online.
• AI scheduling and answering assistant. An automated assistant that may answer questions, help route your request, and assist with scheduling. See Section 4.
• Text (SMS) messaging. Appointment reminders, confirmations, and practice communications sent by text where you have opted in. See Section 5.
• Payment and financing tools. Features that let you view balances, make payments, or explore financing through third-party providers. See Section 8.

We may add, change, suspend, or discontinue any part of the Services at any time without notice or liability.

4. AI Scheduling and Answering Assistant

Our Services may use an automated, artificial-intelligence-based assistant to interact with you by chat, voice, or messaging. By using the assistant, you understand and agree that:

• You are interacting with an automated system, not a licensed dental professional, and the assistant does not provide dental, medical, or diagnostic advice.
• Information provided by the assistant is general and for convenience and scheduling purposes only, and may not be complete, current, or accurate for your situation.
• Appointment requests handled by the assistant are not confirmed until you receive a confirmation from our practice, and the assistant may escalate or transfer your request to our staff.
• You should not rely on the assistant for urgent or emergency needs. See the emergency notice in Section 6.
• Your interactions with the assistant may be recorded, transcribed, stored, and reviewed to provide and improve the Services, consistent with our Privacy Policy and applicable law.

You agree not to submit false information to the assistant and not to use it to harass, abuse, or disrupt the Services.

5. Text (SMS) Messaging

If you opt in to our text messaging program, you consent to receive recurring automated and manual text messages from or on behalf of Philadelphia Dental at the mobile number you provide, including appointment reminders, confirmations, scheduling messages, and practice communications. Consent is not a condition of receiving dental care.

Message and data rates may apply, and message frequency varies. You can opt out at any time by replying STOP to any message, and you can reply HELP for assistance. We will honor opt-out requests as required by applicable law. Carriers are not liable for delayed or undelivered messages. Your mobile number and SMS consent are handled as described in our Privacy Policy and are not sold or shared with third parties for their marketing purposes.

6. No Dental or Medical Advice; Emergencies

The Services and any content, tools, or automated responses are provided for general informational and administrative purposes only and are not a substitute for professional dental or medical advice, diagnosis, or treatment. Use of the Services does not create a dentist-patient relationship; that relationship is formed only when you are seen and accepted for care by a treating provider at one of our offices.

If you are experiencing a dental or medical emergency, do not use the Services. Call 911 or go to the nearest emergency room immediately.

7. Appointments, Cancellations, and No-Shows

Requesting an appointment through the Services is a request only and is not confirmed until we confirm it with you. We will make reasonable efforts to accommodate your preferred time and location but cannot guarantee availability.

We ask that you provide advance notice if you need to cancel or reschedule. Our practice maintains a cancellation and missed-appointment policy, which may require notice within a stated period and may include a fee for late cancellations or missed appointments to the extent permitted by law. The current policy will be provided to you at the office or upon request and forms part of your agreement with the practice. Repeated missed appointments may affect scheduling of future care.

8. Fees, Insurance, Payment, and Financing

You are responsible for the cost of dental services you receive, including any amounts not covered by insurance, such as deductibles, co-payments, co-insurance, and non-covered services. Any estimate of cost or insurance coverage is an estimate only and is not a guarantee of coverage or final cost.

We accept many PPO insurance plans and may offer financing options. Insurance benefits are a contract between you and your insurer; you remain responsible for charges regardless of your insurer's determination. Financing and payment processing may be provided by third parties, and your use of those services is subject to the third party's separate terms and privacy practices. Philadelphia Dental is not responsible for the acts, omissions, decisions, or terms of any third-party insurer, financing provider, or payment processor.

You agree to pay all amounts when due. Past-due balances may be subject to collection and, to the extent permitted by law, related costs and interest.

9. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable law or regulation, or infringes the rights of others;
• Submit false, misleading, or fraudulent information, or impersonate any person or entity;
• Attempt to gain unauthorized access to the Services, other accounts, or our systems or networks;
• Introduce viruses, malware, or other harmful code, or interfere with or disrupt the Services;
• Use any robot, scraper, or automated means to access or collect data from the Services without our permission; or
• Use the Services to harass, abuse, threaten, or defame any person, including our staff.

We may investigate and take appropriate action, including suspending or terminating access, for any violation of these Terms.

10. Intellectual Property

The Services and all content, features, and functionality, including text, graphics, logos, images, and software, are owned by Philadelphia Dental or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Services without our prior written consent.

11. Third-Party Links and Services

The Services may contain links to, or integrations with, third-party websites, applications, or services that we do not control. We provide these for convenience only and do not endorse and are not responsible for their content, products, policies, or practices. Your use of any third-party service is at your own risk and subject to that third party's terms.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that any information provided through the Services (including through the AI assistant) will be accurate, complete, or reliable. This section does not limit any warranty that cannot be excluded under applicable law and does not apply to the professional standard of care governing dental treatment provided at our offices.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHILADELPHIA DENTAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Nothing in these Terms limits liability that cannot be limited under applicable law, and nothing in this section limits or affects any rights or remedies you may have relating to the professional dental care you receive.

14. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

14.1 Informal Resolution

Before starting an arbitration, you agree to first contact us at contact@philadental.com and give us a reasonable opportunity, of at least 30 days, to resolve the dispute informally. Most concerns can be resolved this way.

14.2 Agreement to Arbitrate

If we cannot resolve a dispute informally, you and Philadelphia Dental agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by final and binding arbitration administered by a nationally recognized arbitration provider under its applicable rules, rather than in court, except as provided below. The arbitration will be governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve any Dispute, including the scope and enforceability of this arbitration agreement.

14.3 Class-Action and Jury Waiver

YOU AND PHILADELPHIA DENTAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. You and Philadelphia Dental waive any right to a jury trial.

14.4 Exceptions and Opt-Out

This Section 14 does not require arbitration of: (a) individual claims that qualify for small-claims court; (b) claims seeking injunctive relief for infringement or misuse of intellectual property; and (c) any claim that may not be arbitrated as a matter of law, including, to the extent applicable, claims relating to professional negligence or personal injury that must be handled under Pennsylvania law and procedure. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to contact@philadental.com with your name and a statement that you wish to opt out. Opting out will not affect any other part of these Terms.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Philadelphia Dental and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your misuse of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

16. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. Protected health information is handled in accordance with applicable law, including HIPAA where it applies. Please review the Privacy Policy to understand our practices.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above and, where appropriate, provide additional notice. Changes are effective when posted. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

18. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 14, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania, and you consent to the personal jurisdiction of those courts.

19. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any office policies provided to you, are the entire agreement between you and Philadelphia Dental regarding the Services and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary.

Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

20. Contact Us

If you have questions about these Terms, please contact us: