Terms of Service

1. Who this agreement is with

Dentiva is operated by Dentiva Clinical Systems, Panjim, Goa, India. In these terms "we" and "Dentiva" mean that company, and "you" means the clinic that holds the account.

By creating an account or using Dentiva, you agree to these terms. If you are agreeing on behalf of a clinic, you confirm you are authorised to do so.

2. What Dentiva is, and what it is not

Dentiva is cloud software for running a dental practice: appointments, patient records, treatment notes, tooth charting, treatment plans, prescriptions, billing, patient messaging, enquiry tracking, and reporting.

We add, change, and occasionally retire features as the product develops. If we plan to remove something you actively use, we will give you reasonable notice.

3. Your account

You must give accurate registration details and keep them current. You are responsible for your staff accounts, for the permissions you grant them, and for everything done under your account. Tell us promptly if you think an account has been compromised. Do not share logins between people: each staff member should have their own, so the audit trail stays meaningful.

4. Your data belongs to you

Your clinic owns all the data it puts into Dentiva: patient records, clinical notes, images, invoices, and everything else. We do not claim ownership of it. You grant us only the permission we need to host, process, back up, and display that data in order to run the service for you.

You can export your data while your subscription is active. We do not charge for exports. Where a full account export is not yet available as a self-service download, email us and we will prepare it, normally within 7 working days.

We may use anonymised, aggregated statistics derived from usage of the platform to operate, secure, and improve Dentiva, and to publish industry benchmarks. This data can never identify a clinic, a staff member, or a patient. We do not sell your data.

5. What your clinic is responsible for

Because you are the Data Fiduciary for your patients and we only process data on your instructions, some things are necessarily yours to get right:

• Patient consent.You confirm you have lawful consent to collect each patient's details and to contact them on the number you have recorded. This matters most for reminders, recalls, review requests, and promotional messages.
• Clinical accuracy.You are responsible for what is recorded in patient records and prescriptions, including that prescriptions carry the prescribing dentist's registration number where the law requires it.
• Record retention. Indian regulations require you to keep patient records for a minimum period. Meeting that obligation is yours; see section 14 for what happens to data after cancellation.
• Your own registrations. Holding valid professional registration and any clinical establishment licence required for your practice.
• Accurate data. Data you import from spreadsheets or another system is imported as you supply it.

6. Plans, billing, and renewals

Prices are in Indian Rupees and exclude applicable taxes unless stated otherwise. Payments are processed by Razorpay. Subscriptions renew automatically for the same term unless you cancel before the renewal date.

• We will give you at least 30 days' notice by email before any price increase takes effect. You may cancel before it applies.
• Each plan includes limits: doctors, staff, branches, appointments, WhatsApp messages, and storage. You can see your usage in the app.
• Downgrades: if your current usage is above the limits of the lower plan, you will need to reduce it first. The app will tell you exactly what to change.
• If payment fails, we will contact you and give you a reasonable period to fix it before restricting the account.

7. Free trial, refunds, and switching credits

7.1 Free trial

New clinics get a 14-day free trial. No payment is taken during the trial. If you do not subscribe, section 14 explains what happens to anything you entered.

7.2 30-day guarantee

If Dentiva has not made your clinic's administration measurably easier within the first 30 days of your first paid subscription, email support@dentiva.in within those 30 days and we will refund that first payment in full. Approved refunds go back to your original payment method through Razorpay, normally within 5 to 7 business days. This applies to your first subscription cycle only, once per clinic. WhatsApp credit top-ups purchased separately are not covered.

7.3 Switching credits

If you are moving from another dental software provider, we may credit the unused months of your previous annual plan against your Dentiva subscription, up to a maximum of 6 months. To qualify you must buy an annual Growth or Full Ops plan and email us a valid paid annual invoice from your previous vendor. Approved credit extends your Dentiva term. It cannot be exchanged for cash and does not apply to monthly plans.

7.4 Everything else

Outside the 30-day guarantee, subscription fees are non-refundable for the period already paid. If you cancel, you keep access until the end of the paid term.

8. WhatsApp messaging credits

Dentiva sends patient messages through Meta's official WhatsApp Cloud API. Meta charges different rates for different message types, so we use a credit system where 1 Credit = ₹0.25. Credits are deducted per delivered message:

• Utility (appointment confirmations, reminders, invoice and payment links): 1 credit per message.
• Marketing and recalls (checkup recalls, re-engagement, offers): 8 credits per message.
• Authentication (one-time passcodes): 1 credit per message.

Credits included in your monthly plan reset at the start of each billing cycle and do not carry over. Credits you buy separately as a top-up stay in your balance while your subscription is active. Unused top-up credits are forfeited if your account is closed and are not refundable in cash, except where the law requires otherwise.

Meta revises its own tariffs from time to time. If we need to change these credit rates, we will give you at least 30 days' notice by email first.

9. Acceptable use and messaging rules

You agree not to use Dentiva unlawfully, not to try to access another clinic's data, not to probe or interfere with our systems, and not to resell access without our agreement.

Messaging carries specific rules:

• Do not send marketing or promotional messages to patients who have not opted in.
• Honour opt-outs immediately. A patient who replies STOP must not be messaged again except for genuinely transactional matters about their own appointment.
• Comply with Meta's WhatsApp Business Policy and, for SMS, with TRAI's regulations.
• Keep clinical detail out of message bodies. Send a link to the record rather than the diagnosis.

If messages sent from your account trigger complaints, a Meta policy action, or a regulatory notice, we may suspend messaging on your account while we sort it out.

10. Your public booking website

Some plans include a public booking microsite on a Dentiva subdomain. Because that page sits on our domain, you agree that:

• All content you publish (clinic description, doctor profiles, testimonials, images) is accurate, is yours to publish, and does not infringe anyone's rights.
• Your content complies with the advertising and ethics rules that apply to dental practitioners in India. In particular, do not publish guaranteed outcomes or claims you cannot substantiate.
• We may remove content or take the site offline if it breaches this section or exposes us to legal risk. We will tell you why.

11. Data protection

Under the Digital Personal Data Protection Act, 2023, your clinic is the Data Fiduciary for its patients and Dentiva is the Data Processor. We process patient data only to provide the service, and only on your instructions.

Our Privacy Policy sets out exactly what we hold, where it is stored, and which providers help us run the service. In summary: we keep patient records and files in India, we encrypt data in transit and at rest, we separate each clinic's data at the database level, and we log significant actions.

If there is a personal data breach affecting your clinic, we will tell you within 48 hours of becoming aware of it, with enough detail for you to meet your own 72-hour reporting duty to the Data Protection Board of India.

Our support team may access your clinic data only with a clinic owner's approval, for a limited period. In a genuine security or data-integrity incident, emergency access may be granted with the approval of two Dentiva administrators and a written justification. Every such session is logged and available to you on request.

12. Service availability

We work hard to keep Dentiva running and we monitor it continuously. That said, the service is provided "as is" and we do not currently offer a contractual uptime guarantee or service credits. We will give you advance notice of planned maintenance whenever we reasonably can, and we aim to schedule it outside normal clinic hours.

Because Dentiva depends on outside providers (hosting, database, WhatsApp, SMS, email, and payments), interruptions at those providers can affect the service even when nothing is wrong on our side. We will keep you informed when that happens.

13. Limits on our liability

Nothing in these terms excludes liability that cannot be excluded by law, including for fraud or for death or personal injury caused by our negligence.

Subject to that:

• We are not liable for indirect or consequential losses, including lost profits, lost revenue, lost goodwill, or lost or corrupted data arising from your own failure to export.
• We are not liable for clinical decisions, diagnoses, treatment, or prescriptions; see section 2.
• We are not liable for messages you send without proper patient consent.
• Our total liability for all claims in any 12-month period is limited to the total subscription fees you paid us in the 12 months before the claim arose.

14. Cancellation, suspension, and your data

14.1 If you cancel

You can cancel at any time from your subscription settings. You keep full access until the end of the period you have paid for.

14.2 If we suspend or terminate

If you breach these terms, we will normally tell you what is wrong and give you 14 days to put it right before suspending or terminating. We may act immediately, without that notice period, only where there is a serious security risk, unlawful activity, or a legal requirement to do so. We may also restrict the account for non-payment after giving you notice and a chance to pay.

14.3 What happens to your data

15. You indemnify us

You agree to cover our reasonable costs and losses if a claim is brought against us because of: messages sent from your account without valid patient consent; clinical decisions, records, or prescriptions created by your clinic; content you publish on your booking microsite; or your breach of these terms or of laws that apply to your practice.

16. Things outside our control

We are not responsible for failures caused by events beyond our reasonable control, including internet or power failures, natural events, government action, strikes, cyber attacks, or the failure, suspension, or policy decisions of third-party providers such as our hosting provider, database provider, Meta/WhatsApp, our SMS or email providers, or our payment gateway.

17. Intellectual property

The Dentiva name, logo, software, and design are ours. While your subscription is active you have a limited, non-exclusive, non-transferable licence to use the platform for your own clinic. You may not copy, reverse-engineer, or resell it.

18. Governing law and disputes

These terms are governed by the laws of India.

If a dispute arises, please email us first; most things are solved that way. If it cannot be resolved within 30 days, it will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat of arbitration will be Panaji, Goa and the proceedings will be in English. Subject to that, the courts at Panaji, Goa have exclusive jurisdiction.

19. Contact Us

For any queries or complaints regarding these terms, please reach out to us. We acknowledge messages within 24 hours and aim to resolve them within 15 days.