User Terms of Service

1. First things first

These User Terms are legally binding

These User Terms of Service (“User Terms”) govern your access to and use of FlowSurge, the software service operated by FlowSurge LLC (“FlowSurge”, “we” or “us”), including its web application, AI agents and related services (the “Services”). By clicking to accept these User Terms, or by using the Services, you agree to them. If you do not agree, do not use the Services.

2. You use FlowSurge on behalf of a Customer

Who the Customer is

You have access to the Services because an organization that has an account with us (the “Customer”) invited you, or because you created that account on the Customer's behalf. A Customer may be, for example, a dental or orthodontic practice, a group of practices, or a dental service organization.

The Customer Agreement takes precedence

The Customer has one or more agreements with us, which may include a HIPAA business associate agreement. Together, these are the “Customer Agreement”. The Customer Agreement governs the Customer's use of the Services and the information in its account. Where the Customer Agreement and these User Terms differ, the Customer Agreement takes precedence.

The Customer makes the choices

The Customer decides who may use its account and with what permissions. The Customer's administrators can, among other things, add and remove users, change roles, reset passwords, change account settings and review activity in the account. The Customer controls the information in its account, including information you add, and may access, keep or delete it. If you have questions about the Customer's settings or how it uses your information, ask the Customer.

What this means for you and for us

The Customer is responsible for its users' use of the Services. These User Terms do not give you personal rights to the Customer's account or the information in it.

3. Ground rules

Who may use the Services

You must be at least 18 years old and must be authorized by the Customer to use its account.

Your account

• Your account is for you alone. Do not share your sign-in details or let anyone else use your account, and do not use anyone else's.
• Keep your password confidential and complete any additional sign-in steps the Customer or we require.
• You are responsible for activity under your account.
• If you think someone else has used your account, tell the Customer and us right away.
• Sign out when you finish on a shared or public computer.

Patient information

The Services contain patients' protected health information. You must:

• Comply with HIPAA. HIPAA (the Health Insurance Portability and Accountability Act of 1996) and its regulations are the federal law that protects the privacy and security of patients' health information. You are required to follow HIPAA, and any state laws that also protect health information, whenever you use the Services. Breaking these laws can lead to civil and criminal penalties.
• Access, use and disclose patient information only as your work for the Customer requires and as the Customer's privacy policies and applicable law, including HIPAA, permit.
• Not look up records you have no work reason to see, including your own, your family's, friends', coworkers' or public figures'.
• Not copy, export, download, photograph or share patient information outside the Services except as your work for the Customer requires and the Customer's policies permit.
• Report any suspected unauthorized access, use or disclosure of patient information to the Customer and us right away.

Contacting patients and other people

The Services let you call, text and email patients, referring providers and other contacts, both directly and through automated sequences. When you do, you must:

• Contact people only for the Customer's legitimate business purposes.
• Send calls, texts and emails only where the recipient has given any consent the law requires, and follow applicable law and carrier rules, including the Telephone Consumer Protection Act and CAN-SPAM.
• Honor opt-out and unsubscribe requests and never try to get around them.
• Not send false, misleading, harassing or unlawful content, or misrepresent who the message is from.
• Include no more patient information in a message than its purpose needs.
• Follow our Messaging Terms & Conditions and SMS Terms & Disclosures.

AI agents

The Services include AI agents that act for the Customer on their own, without a person approving each action. Depending on how the Customer sets them up, agents may place calls, send texts and respond to the people they contact. When you set up, turn on or direct an agent, you agree that:

• The rules in this section 3 apply to everything an agent does for you as if you had done it yourself. Do not set up or instruct an agent to do anything these User Terms do not allow you to do.
• Agents contact only people who have given any consent the law requires for automated or artificial-voice calls and texts, and identify themselves as automated where the law requires it.
• AI output can be wrong or incomplete. Check agent activity regularly, and correct or stop an agent that is not behaving as intended.
• Agents do not give medical advice. Do not use them to diagnose, recommend treatment or make clinical decisions, and do not rely on their output for those purposes.

Acceptable use

You may not, and may not help anyone else to:

• Use the Services in violation of any law or anyone's rights.
• Access, or try to access, any account or information you are not authorized to access, including another Customer's.
• Probe, scan or test the Services for vulnerabilities, or get around any security, access or usage limit, without our written permission.
• Interfere with or overload the Services, or access them by automated means such as scripts or scrapers except through interfaces we provide for that purpose.
• Upload viruses or other harmful code.
• Copy, modify, reverse engineer or create derivative works of the Services, or use them to build a competing product.
• Sell, rent or give access to the Services to anyone the Customer has not authorized.
• Impersonate any person or misrepresent your affiliation with anyone.

If you are an administrator

If the Customer has given you administrator permissions, you also agree to:

• Give access only to people the Customer authorizes and who need it, with the least permissions their work requires.
• Remove access promptly when someone leaves or no longer needs it.
• Keep the account's settings accurate, including sending phone numbers, email senders and security settings.
• Make sure the messages, automated sequences and AI agents you set up meet section 3 of these User Terms.

4. You are here at the pleasure of the Customer and of us

The Customer may remove your access at any time. We may suspend or end your access if you break these User Terms, if we reasonably believe it is needed to protect patients, the Customer, other users or the Services, or if the Customer Agreement ends. Where reasonable, we will tell the Customer.

Activity records

We record access to and activity in the Services for security, compliance and audit purposes, and may share these records with the Customer.

Our property and your feedback

FlowSurge and its licensors own the Services. These User Terms give you no rights in the Services other than to use them for the Customer as described here. If you send us suggestions or feedback, we may use them without any obligation to you.

5. Limitation of liability

WE PROVIDE THE SERVICES TO THE CUSTOMER UNDER THE CUSTOMER AGREEMENT. AS BETWEEN YOU AND US, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE MAKE NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT THE LAW ALLOWS. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, ARISING FROM THESE USER TERMS OR THE SERVICES. OUR TOTAL LIABILITY TO YOU ARISING FROM THESE USER TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Survival

Sections 3 (patient information), 4 (our property and your feedback), 5 and 6 continue to apply after your access ends.

6. General provisions

Privacy

Our Privacy Policy describes how we handle personal information. Patient information in the Customer's account is handled under the Customer Agreement.

Changes to these User Terms

We may update these User Terms from time to time. We will post the updated User Terms with a new effective date, and you are responsible for reviewing them. If we consider a change material, we will make reasonable efforts to notify you, for example by email or in the Services, and we may ask you to accept the updated User Terms before you continue using the Services. Changes take effect when posted unless we say otherwise, and your continued use of the Services after that means you accept them.

Notices

We may send you notices by email to the address on your account or within the Services.

Waiver and severability

If we do not enforce part of these User Terms, that is not a waiver of our right to enforce it later. If any part is found unenforceable, the rest stays in effect.

Assignment

You may not assign these User Terms. We may assign them, including in connection with a merger, acquisition or sale of assets.

Governing law and venue

These User Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Any dispute arising from these User Terms or the Services will be brought exclusively in the state courts located in King County, Washington, or the United States District Court for the Western District of Washington, and you and we consent to the personal jurisdiction of those courts. Either party may still seek an injunction or other urgent court order in any court with jurisdiction to protect patient information, confidential information or intellectual property.

Entire agreement

These User Terms, together with the Privacy Policy, are the entire agreement between you and us about your use of the Services. They do not change the Customer Agreement.

Contacting us

FlowSurge LLC
Email: support@flowsurge.ai