Last Updated: November 22, 2025 | Version: 1.0
⚠️ AGREEMENT TO TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and EarLink LLC ("EarLink," "we," "our," or "us") governing your access to and use of our customer relationship management (CRM) and marketing automation platform for dental clinics.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.
1. Definitions
- "Services" means the EarLink CRM platform, including all software, features, tools, websites, mobile applications, and related services.
- "Client" means the dental clinic, practice, or organization that subscribes to our Services.
- "Patient Data" means any information about dental patients entered into, stored in, or processed through our platform.
- "PHI" means Protected Health Information as defined under HIPAA regulations.
- "Account" means your registered account with EarLink LLC.
- "Subscription" means your paid access to the Services under a selected plan.
2. Eligibility and Account Registration
2.1 Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal authority to enter into these Terms on behalf of your dental practice
- Operate a legitimate dental healthcare business
- Comply with all applicable laws and regulations
2.2 Account Registration
Account Creation:
- Provide accurate, current, and complete information during registration
- Maintain and update your account information
- Create a secure password and keep it confidential
Account Security:
- You are responsible for all activities under your account
- Notify us immediately of any unauthorized access or security breach
- EarLink is not liable for losses due to unauthorized use of your account
Account Types:
- Individual accounts for single practitioners
- Multi-user accounts for practices with multiple staff members
- Enterprise accounts for multi-location dental groups
3. Subscription Plans and Billing
3.1 Subscription Plans
EarLink offers various subscription tiers:
- Starter Plan: Basic CRM features for solo practitioners
- Professional Plan: Advanced marketing automation and integrations
- Enterprise Plan: Custom solutions for large practices and groups
Full plan details and pricing are available on our website.
3.2 Payment Terms
Billing Cycle:
- Monthly or annual subscription options
- Billing occurs on the same day each cycle
- Prices are in U.S. Dollars (USD)
Payment Methods:
- Credit card, debit card, or ACH transfer
- Payment processed through secure third-party processors
- All payments are non-refundable except as required by law
Auto-Renewal:
- Subscriptions automatically renew unless canceled
- You will be charged at the then-current rate
- We will notify you of any price changes 30 days in advance
Failed Payments:
- Services may be suspended if payment fails
- You have 10 days to update payment information
- Account may be terminated after 30 days of non-payment
3.3 Upgrades and Downgrades
Upgrades:
- Take effect immediately upon payment
- Prorated charges for the remainder of the billing cycle
Downgrades:
- Take effect at the start of the next billing cycle
- No refunds for unused time on higher-tier plans
- Features may be disabled or restricted
3.4 Taxes
You are responsible for all applicable federal, state, and local taxes. Taxes may be added to your invoice based on your location.
4. Use of Services
4.1 License Grant
Subject to your compliance with these Terms, EarLink grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
4.2 Permitted Use
You may use the Services to:
- Manage patient relationships and communications
- Schedule and track appointments
- Create and execute marketing campaigns
- Generate reports and analytics
- Store and organize patient data
4.3 Prohibited Activities
You must not:
- Use the Services for any illegal purpose or in violation of any laws
- Send spam, unsolicited communications, or violate CAN-SPAM or TCPA regulations
- Transmit viruses, malware, or harmful code
- Attempt to gain unauthorized access to our systems
- Reverse engineer, decompile, or disassemble our software
- Remove or modify any proprietary notices
- Use the Services to compete with EarLink or develop competing products
- Share your account credentials with unauthorized users
- Upload false, misleading, or fraudulent information
- Harass, abuse, or harm others through the platform
- Violate any patient privacy rights or healthcare regulations
4.4 Usage Limits
Your subscription plan may include limits on:
- Number of patient contacts
- Email and SMS messages sent per month
- Storage capacity
- Number of user accounts
Exceeding these limits may result in additional charges or service suspension.
5. HIPAA Compliance and Data Handling
5.1 Business Associate Agreement
EarLink LLC acts as a Business Associate under HIPAA when processing PHI on behalf of dental clinics. By using our Services to store or process PHI, you agree to execute our Business Associate Agreement (BAA).
Key Provisions:
- We will use and disclose PHI only as permitted by the BAA and HIPAA
- We implement appropriate safeguards to protect PHI
- We will report security incidents as required
- We assist with breach notification obligations
5.2 Your HIPAA Responsibilities
As a covered entity, you must:
- Ensure you have the right to use and disclose PHI to EarLink
- Obtain required patient authorizations and consents
- Maintain your own HIPAA compliance program
- Provide patients with notice of privacy practices
- Respond to patient requests regarding their PHI
- Not request EarLink to use or disclose PHI in violation of HIPAA
5.3 Data Ownership
- Client Data: You retain all rights to the data you input into our platform
- Patient Data: Dental clinics own all patient data and PHI
- EarLink Data: We own all rights to the platform, software, and aggregate anonymized data
5.4 Data Security
EarLink implements commercially reasonable security measures including:
- Encryption of data in transit and at rest
- Regular security audits and penetration testing
- Access controls and authentication requirements
- Employee training and background checks
- Disaster recovery and backup procedures
6. Marketing Campaigns and Communications
6.1 Compliance with Laws
You are responsible for ensuring all marketing campaigns comply with:
- CAN-SPAM Act (for email marketing)
- Telephone Consumer Protection Act (TCPA) (for SMS/calling)
- State and local marketing regulations
- Healthcare advertising regulations
6.2 Required Consents
You must:
- Obtain proper consent before sending marketing communications
- Honor opt-out and unsubscribe requests promptly
- Include required disclosures in all communications
- Maintain records of patient consents
6.3 Prohibited Content
Marketing campaigns must not:
- Contain false or misleading health claims
- Promise unrealistic treatment outcomes
- Violate FDA or FTC advertising guidelines
- Include offensive, discriminatory, or inappropriate content
- Violate third-party intellectual property rights
6.4 Sender Reputation
Your account may be suspended if:
- High spam complaint rates are detected
- Multiple unsubscribe violations occur
- Content violates our acceptable use policy
7. Integrations and Third-Party Services
7.1 Third-Party Integrations
Our Services may integrate with:
- Dental practice management software (Dentrix, Open Dental, etc.)
- Email platforms (Gmail, Outlook)
- Payment processors
- Calendar applications
- Other third-party tools
7.2 Third-Party Terms
Use of third-party integrations is subject to their respective terms of service. EarLink is not responsible for third-party services, their availability, or any issues arising from their use.
7.3 Data Sharing
By enabling integrations, you authorize data sharing between EarLink and third-party services. Review third-party privacy policies before connecting.
8. Intellectual Property
8.1 EarLink Property
All rights, title, and interest in the Services, including:
- Software code and algorithms
- Platform design and user interface
- Trademarks, logos, and brand assets
- Documentation and training materials
- Proprietary methodologies and processes
These remain the exclusive property of EarLink LLC.
8.2 Feedback and Suggestions
If you provide feedback, ideas, or suggestions:
- We may use them without obligation or compensation to you
- You grant us a perpetual, worldwide, royalty-free license
- We are not required to keep them confidential
8.3 Trademark Usage
You may not use EarLink trademarks without prior written permission, except to identify that you use our Services.
9. Data Backup and Export
9.1 Data Backups
EarLink performs regular automated backups of platform data. However:
- Backups are for disaster recovery, not guaranteed data retrieval
- You should maintain your own independent backups of critical data
- We are not liable for data loss due to your actions
9.2 Data Export
You may export your data at any time:
- Use platform export features to download data
- Export formats include CSV, JSON, and PDF
- Contact support for assistance with large data exports
9.3 Post-Termination Access
After account termination:
- You have 30 days to export your data
- After 30 days, data may be permanently deleted
- We may retain data as required by law
10. Service Level and Support
10.1 Availability
We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.
10.2 Support Services
Support Channels:
- Email support: [email protected]
- Live chat (during business hours)
- Phone support (Professional and Enterprise plans)
- Knowledge base and documentation
Response Times:
- Starter Plan: 48 hours
- Professional Plan: 24 hours
- Enterprise Plan: 4 hours (priority support)
10.3 Excluded Support
We do not provide:
- Support for third-party software or integrations
- Custom development or programming services
- On-site technical assistance
- Training beyond standard onboarding (unless purchased separately)
11. Warranties and Disclaimers
11.1 Limited Warranty
EarLink warrants that the Services will perform substantially in accordance with our documentation under normal use.
11.2 Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of non-infringement
- Warranties that the Services will be error-free or uninterrupted
- Warranties regarding third-party integrations
- Warranties regarding data accuracy or completeness
YOU USE THE SERVICES AT YOUR OWN RISK.
11.3 No Medical Advice
EarLink does not provide medical, dental, or healthcare advice. Our Services are administrative tools only. You remain solely responsible for all clinical decisions and patient care.
12. Limitation of Liability
12.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARLINK'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO EARLINK IN THE 12 MONTHS PRECEDING THE CLAIM.
12.2 Excluded Damages
EARLINK SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Service interruptions or data loss
- Third-party claims or actions
- Damages arising from your use or inability to use the Services
12.3 Exceptions
Some jurisdictions do not allow limitation of certain damages. In such cases, our liability is limited to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless EarLink LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Services
- Violation of these Terms
- Violation of any laws or regulations
- Infringement of third-party rights
- Your marketing campaigns or patient communications
- Data breaches caused by your actions or negligence
- Claims by your patients or third parties
14. Termination
14.1 Termination by You
You may cancel your subscription at any time:
- Cancel through your account settings
- Email [email protected]
- Cancellation takes effect at the end of the current billing period
- No refunds for unused time
14.2 Termination by EarLink
We may suspend or terminate your account immediately if:
- You violate these Terms
- You fail to pay fees when due
- You engage in fraudulent or illegal activities
- We are required to do so by law
- Your use poses a security risk
14.3 Effect of Termination
Upon termination:
- Your access to the Services will cease
- You must cease using EarLink branding and materials
- Outstanding fees become immediately due
- Data export provisions (Section 9.3) apply
- Provisions that by nature should survive will continue (e.g., indemnification, liability limitations)
15. Modifications to Services and Terms
15.1 Service Changes
We may modify, update, or discontinue features at any time:
- We will provide reasonable notice of material changes
- Continued use constitutes acceptance
- We are not liable for modifications or discontinuations
15.2 Terms Updates
We may update these Terms periodically:
- Changes will be posted on our website
- We will notify you of material changes via email
- Changes take effect 30 days after posting
- Continued use after changes constitutes acceptance
16. Dispute Resolution
16.1 Governing Law
These Terms are governed by the laws of [Your State], United States, without regard to conflict of law principles.
16.2 Arbitration
Mandatory Arbitration:
Any dispute arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Process:
- Arbitration will be conducted in [Your State]
- Single arbitrator selected per AAA rules
- Discovery will be limited
- Arbitrator's decision is final and binding
Exceptions to Arbitration:
- Small claims court disputes (under jurisdictional limit)
- Injunctive or equitable relief for intellectual property disputes
- Claims exempt by law
16.3 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
16.4 Time Limit for Claims
Any claim must be brought within one (1) year after the cause of action arises, or the claim is permanently barred.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy and Business Associate Agreement, constitute the entire agreement between you and EarLink regarding the Services.
17.2 Severability
If any provision is found unenforceable, it will be modified to the minimum extent necessary, and other provisions remain in full effect.
17.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
17.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
17.5 Force Majeure
EarLink is not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/infrastructure failures.
17.6 Relationship
These Terms do not create a partnership, joint venture, employment, or agency relationship between you and EarLink.
17.7 Notices
To You: We may send notices via email to your registered address or through platform notifications.
To Us: Send legal notices to [email protected] or by mail to our registered address.
17.8 Export Compliance
You agree to comply with all U.S. export laws and regulations in your use of the Services.
18. Specific Terms for Dental Practices
18.1 Professional Responsibility
You acknowledge that:
- You remain solely responsible for all clinical decisions
- EarLink provides administrative tools, not medical advice
- You maintain all required professional licenses and insurance
- You comply with state dental board regulations
18.2 Patient Care Standards
The Services are tools to support practice management but:
- Do not replace professional judgment
- Should not be relied upon for clinical decision-making
- Do not substitute for proper patient evaluation and care
- Are not FDA-approved medical devices
18.3 Record Retention
You remain responsible for:
- Complying with state dental record retention laws
- Maintaining original clinical records separately
- Ensuring backups of critical patient information
19. Contact Information
20. Acknowledgment
✅ ACKNOWLEDGMENT
BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
If you do not agree to these Terms, you must not access or use the Services.