Terms of Service

Last updated: January 1, 2026

Agreement to Terms

By accessing or using mConsent's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

Description of Services

mConsent provides a patient engagement platform for dental practices, including but not limited to:

• Digital patient intake and forms
• Automated appointment reminders and communication
• Insurance verification services
• Payment processing and collections
• Practice analytics and reporting

Account Registration

To use our services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Acceptable Use

You agree not to:

• Use the services for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful code or malware
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our services

HIPAA Compliance

Healthcare providers using our services must enter into a Business Associate Agreement (BAA) with mConsent. Both parties agree to comply with all applicable HIPAA requirements for the protection of Protected Health Information (PHI).

Subscription and Payments

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these terms or required by law. We reserve the right to change our pricing with 30 days' notice.

30-Day Money-Back Guarantee

New customers may request a full refund within 30 days of initial purchase if not satisfied with our services. This guarantee applies to first-time subscribers only.

Intellectual Property

The mConsent platform, including all content, features, and functionality, is owned by mConsent and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Data Ownership

You retain all rights to the data you input into our platform. We do not claim ownership of your patient data. Upon termination, you may request export of your data in a standard format.

Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. We may suspend services for maintenance, upgrades, or security purposes with reasonable notice when possible.

Limitation of Liability

To the maximum extent permitted by law, mConsent shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Indemnification

You agree to indemnify and hold mConsent harmless from any claims, damages, or expenses arising from your use of the services or violation of these terms.

Termination

Either party may terminate the agreement with 30 days' written notice. We may suspend or terminate your access immediately for violation of these terms. Upon termination, your right to use the services ceases immediately.

Changes to Terms

We may modify these terms at any time. We will notify you of material changes via email or through the platform. Continued use of services after changes constitutes acceptance of the new terms.

Governing Law

These terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of San Francisco County, California.

Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in San Francisco County, California, before a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action. If this class action waiver is found unenforceable, the entire arbitration agreement shall be void.

Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims under $10,000 may be pursued in small claims court.

Data Processing Agreement (DPA)

For customers who are Covered Entities or Business Associates under HIPAA, mConsent will execute a Business Associate Agreement (BAA) as part of service onboarding. The BAA governs mConsent's obligations with respect to Protected Health Information (PHI) and is incorporated into these Terms by reference.

mConsent processes customer data solely for the purpose of providing the Services described herein. We do not sell, rent, or share patient data with third parties for marketing purposes. Data processing activities include: intake form collection, insurance verification, appointment communications, payment processing, and analytics reporting — all performed on behalf of and as directed by the customer.

A copy of our standard BAA and Data Processing Addendum is available upon request by contacting our compliance team.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, pandemics or epidemics, government actions or orders, war or terrorism, cyber attacks, internet or telecommunications failures, power outages, or failures of third-party service providers.

The affected party shall promptly notify the other party of the force majeure event and use commercially reasonable efforts to mitigate its impact. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected Services upon written notice without penalty.

State Privacy Rights

California (CCPA/CPRA): If you are a California resident, you have the right to: (1) know what personal information we collect and how it is used, (2) request deletion of your personal information, (3) opt out of the sale or sharing of your personal information, and (4) not be discriminated against for exercising your privacy rights. mConsent does not sell personal information. To exercise your rights, contact us at the address below or visit our Privacy Policy.

Texas (TDPSA): If you are a Texas resident, the Texas Data Privacy and Security Act provides you with rights to access, correct, delete, and obtain a copy of your personal data, as well as the right to opt out of targeted advertising and the sale of personal data. To exercise these rights, contact us using the information below.

Other States: Residents of states with comprehensive privacy laws (including Colorado, Connecticut, Virginia, and others) may have similar rights. Please refer to our Privacy Policy for state-specific disclosures or contact us with questions about your rights.

Contact Information

For questions about these Terms of Service, please contact us at:

Email: [email protected]
Address: 123 Healthcare Drive, Suite 100, San Francisco, CA 94105