These Terms of Service (also referred to as the "Terms of Use," these "Terms") are a legally binding agreement between ArchForm Inc., together with its affiliates and subsidiaries ("ArchForm," "we," "us," or "our"), and the person or entity that accesses or uses the Services ("you" or "your").The "Services" include the ArchForm website, downloadable and cloud software, dashboards, APIs, treatment-planning and case services, aligner and retainer manufacturing, indirect-bonding and direct-print workflows, support services, artificial-intelligence and machine-learning features, and any chatbot or messaging service made available through web chat, SMS, MMS, or similar text messaging channels.
BY CREATING AN ACCOUNT, CLICKING TO ACCEPT, PLACING AN ORDER, DOWNLOADING OR USING SOFTWARE, TEXTING OR OTHERWISE USING THE ARCHFORM AI CHATBOT, OR ACCESSING ANY SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
If you use the Services on behalf of a company, dental practice, laboratory, aligner company, healthcare provider, or other organization, you represent that you have authority to bind that organization, and "you" includes that organization. If you receive patient-facing communications through a Practice, these Terms apply to your use of the communication channel, while the Practice remains responsible for your care and its relationship with you.A signed master services agreement, business associate agreement, data processing addendum, order form, statement of work, enterprise agreement, or other written agreement with ArchForm may contain additional or different terms. If there is a conflict, the more specific signed agreement controls for its subject matter. A Business Associate Agreement controls with respect to protected health information.
1. Scope, Definitions, and Order of Precedence
1.1 Scope. These Terms apply to all Services unless ArchForm expressly states that separate terms apply.
1.2 Key definitions. "AI Features" means features that use machine learning, generative AI, automated classification, segmentation, alignment, summarization, search, recommendation, or conversational systems. "Authorized User" means an individual authorized by a Customer to use its account. "Customer Data" means data, files, scans, images, models, records, messages, prompts, and other content submitted to or generated from a Customer account. "Documentation" means ArchForm instructions for use, product labeling, technical documentation, support materials, and written specifications. "Order" means an online purchase, quote, invoice, order form, statement of work, or other transaction for Services or Products. "Practice" means a dental or orthodontic practice or other healthcare provider using the Services. "Products" means physical goods supplied by ArchForm, including patient-specific aligners, retainers, indirect-bonding trays, models, materials, or related items. "Text Service" means the ArchForm AI chatbot or other ArchForm communication service accessible through SMS, MMS, or similar text messaging.
1.3 Precedence. Unless a signed agreement states otherwise: (a) a Business Associate Agreement controls for protected health information; (b) a data processing addendum controls for data-protection obligations; (c) a signed master agreement, order form, or statement of work controls for the applicable commercial transaction; (d) these Terms control generally; and (e) Documentation and policies control operational details that do not conflict with the foregoing.
2. Eligibility, Authority, and Accounts
2.1 Age and capacity. You must be at least 18 years old and legally capable of entering into a binding agreement to create an account, make a purchase, or independently use the Services. A minor may use a patient-facing feature only through, or with the consent and supervision of, a parent, legal guardian, or authorized Practice, as permitted by applicable law.
2.2 Professional access. Clinical, treatment-planning, prescription, approval, manufacturing-release, or patient-care functions may be used only by appropriately licensed dental professionals or personnel acting under their lawful supervision and within their permitted scope of practice.
2.3 Account information. You must provide accurate, current, and complete account and billing information and promptly update it. You are responsible for all activity under your account, including activity by Authorized Users.
2.4 Account security. You must maintain the confidentiality of credentials, use reasonable security safeguards, prevent unauthorized access, and promptly notify ArchForm of suspected compromise. Accounts and credentials may not be sold, transferred, or shared outside the authorized organization.
2.5 Administrators. An organization administrator may manage Authorized Users, permissions, content, billing, and account access. An organization may access, export, restrict, or delete data associated with its account, subject to applicable law and written agreements.
2.6 Electronic communications. You consent to receive agreements, disclosures, invoices, security notices, and other records electronically. You may retain copies for your records. Text-message consent is addressed separately in Section 8.
3. License and Access to the Services
3.1 Limited license. Subject to these Terms, payment of applicable fees, and any Order, ArchForm grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable term to access and use the Services and Documentation for your internal professional, clinical, manufacturing, or business purposes.
3.2 Software installation. You may install downloadable software only on devices controlled by you and only in the quantities and locations permitted by your plan, Order, or Documentation. You are responsible for compatible hardware, operating systems, network access, security, and backups outside the Services.
3.3 Updates. ArchForm may provide patches, upgrades, corrections, new versions, or security updates. Updates may be required for continued access, compatibility, safety, billing, regulatory compliance, or support. Unless ArchForm states otherwise, updates are part of the Services and are governed by these Terms.
3.4 Reservation of rights. ArchForm and its licensors retain all rights not expressly granted. No ownership interest in the Services, software, models, algorithms, Documentation, or ArchForm intellectual property is transferred to you.
4. Orders, Fees, Billing, and Credits
4.1 Prices and Orders. Fees, quantities, service levels, renewal terms, shipping charges, and other transaction-specific terms are those displayed at purchase or stated in the applicable Order. You are responsible for reviewing and approving an Order before submission.
4.2 Payment authorization. You authorize ArchForm and its payment processors to charge the payment method you provide for all amounts due, including recurring amounts where an Order expressly provides for automatic renewal. You must keep payment information current and are responsible for chargebacks or collection costs arising from an invalid or improperly disputed charge, to the extent permitted by law.
4.3 Taxes. Fees exclude sales, use, value-added, withholding, customs, and similar taxes or duties unless stated otherwise. You are responsible for applicable taxes and duties, except taxes based on ArchForm net income.
4.4 Credits and prepaid balances. Credits, promotional balances, and prepaid amounts may be used only for eligible ArchForm Services, have no cash value, and may not be transferred or resold unless ArchForm permits it in writing. Expiration, refundability, and permitted uses are governed by the terms shown when the credits are issued or purchased. Unless required by law or expressly stated otherwise, promotional credits are non-refundable.
4.5 Refunds and cancellations. Because many Services and Products are customized, fees are non-refundable once work has begun, a digital export has been generated, or a patient-specific Product has entered production, except as stated in an Order, an express written warranty, or applicable law. ArchForm may issue a credit, rework, replacement, or refund at its discretion where appropriate.
4.6 Billing disputes. You must notify ArchForm of a good-faith billing dispute promptly and provide reasonable supporting information. Undisputed amounts remain due. Failure to identify an apparent billing error within 30 days after the charge does not waive rights that cannot be waived by law, but may limit ArchForm's ability to investigate.
4.7 Suspension for nonpayment. ArchForm may suspend paid Services after reasonable notice if amounts remain overdue. Suspension does not relieve you of payment obligations and may affect access to data, exports, support, production, or orders.
4.8 Price changes. ArchForm may change prices prospectively. For an active fixed-term Order, a price change will generally apply at renewal or to a new Order unless the Order states otherwise.
5. Professional and Clinical Responsibilities
5.1 No provider-patient relationship with ArchForm. ArchForm is a technology and manufacturing company and does not become a dentist, orthodontist, physician, or other healthcare provider by providing the Services. Use of the Services does not create a provider-patient relationship between ArchForm and any patient.
5.2 Professional judgment required. The Services may assist with visualization, segmentation, treatment planning, staging, manufacturing, communication, and workflow. They do not replace examination, diagnosis, informed consent, prescription, professional judgment, or ongoing patient monitoring by a qualified provider. The treating provider is solely responsible for all clinical decisions and must independently review and approve every treatment plan, output, setup, prescription, and Product before use or delivery.
5.3 Customer responsibilities. You are responsible for:(a) confirming patient identity and the accuracy, completeness, and clinical suitability of all submitted scans, images, prescriptions, records, and instructions;(b) determining whether a patient is an appropriate candidate for treatment and identifying contraindications, risks, required diagnostics, and referral needs;(c) obtaining and documenting all required patient or guardian consents, authorizations, prescriptions, disclosures, and approvals;(d) reviewing treatment movement, staging, attachments, interproximal reduction, occlusion, root and bone relationships, and any other clinically relevant output;(e) delivering, fitting, monitoring, modifying, replacing, or discontinuing treatment as clinically appropriate;(f) maintaining legally required records, traceability, complaint files, and regulatory documentation; and(g) complying with professional standards, device labeling, instructions for use, licensing requirements, and all applicable laws in each jurisdiction where you operate.5.4 Regulated products and intended use. Certain ArchForm Products or software functions may be regulated medical devices, accessories, or components. They must be used only by intended users, for intended purposes, and in accordance with applicable labeling, validated workflows, instructions for use, and law. Nothing in the Services authorizes an off-label, unvalidated, or unlawful use.
5.5 No emergency use. THE SERVICES, AI FEATURES, AND TEXT SERVICE ARE NOT EMERGENCY SERVICES. DO NOT USE THEM FOR A MEDICAL, DENTAL, OR OTHER EMERGENCY OR FOR A TIME-SENSITIVE CONDITION. Contact the treating provider, emergency services, or another appropriate professional directly.
5.6 Patient-facing communications. Where ArchForm enables communications on behalf of a Practice, the Practice controls the care relationship and remains responsible for message content, response expectations, patient consent, escalation procedures, and compliance with healthcare and communications laws. ArchForm may route, summarize, or facilitate messages but does not assume the Practice's duty to respond or provide care.
6. Treatment Planning, Manufacturing, Products, and Shipping
6.1 Reliance on submitted information. ArchForm performs services and manufactures Products based on information, files, approvals, and instructions supplied by you. ArchForm is not responsible for errors caused by inaccurate, incomplete, corrupted, mislabeled, or clinically unsuitable submissions.
6.2 Approval and release. You must review and approve a treatment setup, design, quantity, labeling information, shipping information, and other order details before release. Approval authorizes ArchForm to proceed. Changes requested after work begins may result in delay, additional fees, or a new Order.
6.3 Patient-specific Products. Patient-specific Products are custom goods and generally cannot be returned or resold. Cancellation is not guaranteed after production begins. ArchForm may reject, pause, or cancel an Order that is technically infeasible, unsafe, inconsistent with Documentation, unlawful, or missing required information.
6.4 In-office and direct-print workflows. When you manufacture models, aligners, retainers, trays, or other items in-office or through a third party, you are responsible for the manufacturing process, including equipment selection and maintenance, calibration, validated materials, print preparation, thermoforming or printing, post-processing, cleaning, curing, trimming, polishing, inspection, labeling, storage, quality controls, personnel training, and compliance with applicable device-manufacturing requirements. ArchForm's digital output does not guarantee the quality or compliance of a Product manufactured outside ArchForm's facilities.
6.5 Estimated timing. Production, support, and delivery dates are estimates unless a signed Order expressly guarantees a service level. Delays may result from incomplete approvals, changes, carrier issues, customs, supply constraints, regulatory requirements, force majeure events, or other circumstances outside ArchForm's reasonable control.
6.6 Shipping and international orders. Shipping terms, risk of loss, duties, and importer-of-record responsibilities are governed by the applicable Order and carrier terms. Unless an Order states otherwise, international customers are responsible for import clearance, licenses, duties, taxes, and local regulatory requirements.
6.7 Inspection and manufacturing defects. You must inspect Products promptly upon receipt and must not deliver or use a Product that appears damaged, contaminated, mislabeled, incomplete, or materially inconsistent with the approved Order. Report a suspected manufacturing defect to ArchForm within 10 business days after delivery or, for a latent defect, promptly after discovery, with photographs, lot or case information, and other reasonably requested evidence. For a verified defect, ArchForm may, at its option, rework, replace, credit, or refund the affected Product. This remedy does not cover clinical changes, ordinary wear, improper storage or use, inaccurate source data, unauthorized modification, or defects caused by third-party or in-office manufacturing.
6.8 No outcome guarantee. Tooth movement, fit, tracking, comfort, treatment duration, and clinical outcomes vary by patient and depend on factors outside ArchForm control. ArchForm does not guarantee any specific clinical result, treatment completion date, or avoidance of refinements or additional treatment.
6.9 Complaints, safety, and adverse events. You must promptly report serious complaints, suspected device malfunctions, adverse events, mislabeling, contamination, or safety issues involving an ArchForm Product and cooperate with reasonable investigation, corrective action, field action, or recall procedures. You remain responsible for any reporting duty imposed directly on you by law.
7. Artificial Intelligence and Automated Features
7.1 AI disclosure. Some Services use AI Features. When you interact with an automated conversational system, ArchForm will identify it as automated or AI-generated through the interface, initial message, or other clear disclosure. You must not represent an ArchForm AI output as having been authored or approved by a human clinician when it has not been.
7.2 Limitations of AI output. AI output may be inaccurate, incomplete, inconsistent, outdated, non-unique, or unsuitable for a particular purpose. AI Features may misunderstand instructions, omit relevant facts, or produce confident-sounding errors. You must independently review and verify output before relying on it or sharing it with a patient, customer, regulator, or other person.
7.3 No autonomous clinical decision-making. Unless ArchForm expressly identifies a specific feature in applicable medical-device labeling, the AI chatbot and general-purpose AI Features are communication, workflow, or support tools and are not intended to diagnose, prescribe, determine treatment, replace professional review, or serve as the sole basis for any clinical decision. A qualified dental professional must review any clinically relevant output.
7.4 Human support and escalation. An AI interaction may be reviewed, corrected, or escalated to ArchForm personnel or, where applicable, personnel of a Practice. Escalation is not guaranteed, may not occur immediately, and does not create an emergency or on-call service.
7.5 AI data processing. ArchForm may process prompts, messages, files, account context, and outputs to provide, secure, monitor, troubleshoot, and improve AI Features, as described in these Terms, the Privacy Policy, and any applicable Business Associate Agreement or data processing addendum. ArchForm may use contracted AI, hosting, analytics, and communications providers as service providers or subprocessors, subject to applicable contractual and legal safeguards.
7.6 General-model training. Unless a separate written agreement expressly states otherwise, ArchForm will not use identifiable protected health information submitted through the Services to train a general-purpose AI model. ArchForm may use de-identified or aggregated information as permitted by Section 9 and applicable law. You must not submit protected health information to an AI Feature unless the feature and your account are authorized for that use and an applicable Business Associate Agreement is in effect where required.
7.7 Sensitive inputs. Do not submit passwords, authentication codes, full payment-card numbers, government identification numbers, or sensitive information that is not reasonably necessary for the requested Service. You are responsible for minimizing data and ensuring that you have authority to submit it.
7.8 Output use. Subject to these Terms, applicable law, and payment of fees, you may use AI output generated for you for your internal business and professional purposes. ArchForm does not guarantee that output is unique or non-infringing, and other users may receive similar output. You may not use the Services or output to reverse engineer, extract, replicate, or train a competing model or service.
7.9 Changes to AI Features. ArchForm may modify, restrict, suspend, or discontinue an AI Feature for safety, quality, legal, regulatory, technical, or business reasons. Material changes to paid functionality will be handled in accordance with the applicable Order and Section 22.
8. ArchForm AI Text-Message Chatbot and SMS/MMS Terms
8.1 Program description. The Text Service may provide product information, onboarding, account and order support, case-status or service communications, troubleshooting, educational information, and other functions ArchForm makes available. Where enabled by a Practice, it may also facilitate patient-facing administrative communications. The Text Service is not an emergency service and does not provide independent dental care.
8.2 Consent to service messages. By initiating a text conversation, texting a designated keyword, providing a mobile number and requesting text communications, or otherwise opting in, you authorize ArchForm and its communications providers to send automated or AI-generated text messages reasonably related to the requested conversation or Service. Consent applies only to the purposes disclosed when you opt in. Some Text Service functions may be unavailable if you do not consent to texts, but other support channels may remain available.
8.3 Marketing messages. ArchForm will send automated marketing or promotional text messages only where it has obtained any separate consent required by law. Consent to marketing texts is not a condition of purchasing ArchForm Products or Services. An opt-in for service or support messages does not automatically authorize unrelated marketing messages.
8.4 Automated-system disclosure. The Text Service may be operated by an AI system. ArchForm will provide a clear disclosure that the user is interacting with an automated assistant. Human review or intervention may occur, but a human is not necessarily participating in real time.
8.5 Frequency and charges. Message frequency varies based on your requests, account activity, and the Services used. Message and data rates may apply under your mobile plan. ArchForm does not charge a separate carrier fee for receiving messages, but your carrier may do so.
8.6 Opting out. You may opt out of automated text messages at any time by replying STOP, CANCEL, END, QUIT, UNSUBSCRIBE, or another message that reasonably communicates that you want texts to stop. ArchForm may send one final confirmation message and will honor the request as required by law. Opting out of the Text Service does not cancel your ArchForm account, an Order, or non-text communications. You may opt in again through an available enrollment method.
8.7 Help. Reply HELP for help, or contact ArchForm at info@archform.co. For clinical questions or patient care, contact the treating Practice directly. For emergencies, contact emergency services.
8.8 Authority over mobile number. You represent that you are the subscriber, customary user, or authorized user of the mobile number provided and that you may consent to messages at that number. If the number is reassigned, disconnected, or no longer controlled by you, you must promptly opt out and update your account. You are responsible for messages viewed by a person who has access to your device or mobile account.
8.9 Delivery limitations. Text-message delivery is subject to carrier, network, device, platform, and service-provider availability. Messages may be delayed, duplicated, filtered, truncated, or undelivered. ArchForm and participating carriers are not liable for delayed or undelivered messages to the extent permitted by law.
8.10 Privacy and security of text messaging. Message content, phone number, delivery data, and conversation metadata may be collected, stored, reviewed, and processed as described in the Privacy Policy and applicable agreements. SMS and MMS may not be end-to-end encrypted and messages may appear on a lock screen or be accessible to your carrier or anyone with access to your device. Do not use the Text Service to send highly sensitive or unnecessary information. Where protected health information is involved, the applicable Practice, ArchForm, and service providers must use the Text Service in accordance with applicable law and any Business Associate Agreement.
8.11 Practice-sponsored communications. If a Practice enrolls or invites you to use the Text Service, your messages may be shared with that Practice and processed on its behalf. The Practice is responsible for obtaining required consent, configuring appropriate use, responding to patient-care matters, and offering alternative communication methods where required.
9. Customer Data, Privacy, and HIPAA
9.1 Customer ownership. As between you and ArchForm, you retain your ownership rights in Customer Data, subject to the rights and permissions necessary for ArchForm to provide the Services.
9.2 License to process Customer Data. You grant ArchForm and its affiliates, contractors, and service providers a worldwide, non-exclusive right to host, copy, transmit, display, transform, analyze, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, maintain, bill for, comply with law regarding, and improve the Services, and as otherwise permitted by the Privacy Policy and applicable written agreements.9.3 Your rights and consents. You represent and warrant that you have all rights, notices, consents, authorizations, and lawful bases required to submit Customer Data and permit its processing. This includes patient or guardian authorization where required, permission to receive communications, and any rights needed for images, scans, records, or third-party materials.
9.4 Privacy Policy. ArchForm's handling of Personal Data is described in the ArchForm Privacy Policy at https://www.archform.com/privacy, which is incorporated by reference for purposes of explaining ArchForm's privacy practices. If these Terms conflict with the Privacy Policy regarding Personal Data, the applicable document providing the greater protection required by law will control, subject to any applicable Business Associate Agreement or data processing addendum.
9.5 Protected health information and Business Associate Agreements. These Terms are not a Business Associate Agreement. If you are a covered entity or business associate and ArchForm will create, receive, maintain, or transmit protected health information on your behalf, you must have an applicable Business Associate Agreement with ArchForm before using the relevant Service for that information. The Business Associate Agreement governs permitted uses and disclosures, safeguards, incident obligations, return or destruction, and other HIPAA requirements and controls in the event of conflict.
9.6 Security. ArchForm will use reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Services and data. No method of transmission or storage is completely secure. You are responsible for secure devices, access controls, workforce practices, data minimization, and configuration of your account and integrations.
9.7 De-identified and aggregated information. To the extent permitted by law and applicable agreements, ArchForm may create and use information that has been de-identified or aggregated so that it does not identify a person or Customer. ArchForm may use that information for analytics, benchmarking, safety, quality assurance, research, product development, and improvement of the Services, and may disclose it in a form that does not identify a person or Customer.
9.8 Data access, export, and retention. Data-access, export, return, deletion, and retention rights may be described in the applicable Order, Privacy Policy, Business Associate Agreement, or Documentation. You are responsible for exporting records you are legally required to retain. Following termination, ArchForm may delete data in accordance with its retention practices and applicable law, subject to any written agreement requiring return or preservation.
9.9 Patient requests. Where ArchForm processes patient information on behalf of a Practice, the Practice is generally responsible for responding to patient requests concerning access, correction, restrictions, or communication preferences, and ArchForm will provide assistance as required by applicable agreement or law.
10. Confidentiality
10.1 Confidential Information. "Confidential Information" means non-public business, technical, clinical, security, pricing, product, and customer information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential. Customer Data is the Customer's Confidential Information. ArchForm software, non-public Documentation, security information, and product roadmaps are ArchForm's Confidential Information.
10.2 Protection and use. The receiving party will use Confidential Information only to perform or receive the Services, will protect it using at least reasonable care, and will disclose it only to personnel and service providers who need it and are bound by appropriate confidentiality obligations.
10.3 Exclusions. Confidential Information does not include information that the receiving party can document: (a) is publicly available without breach; (b) was lawfully known without restriction; (c) was received lawfully from a third party without confidentiality duty; or (d) was independently developed without use of the disclosing party's Confidential Information.
10.4 Required disclosure. A receiving party may disclose Confidential Information when legally required, provided it gives notice where lawful and reasonably cooperates in seeking protective treatment. Protected health information remains subject to the Business Associate Agreement and applicable law.
11. Acceptable Use and RestrictionsYou must not, and must not permit another person to:(a) use the Services unlawfully, fraudulently, deceptively, abusively, or outside the intended professional or clinical purpose;(b) submit data you are not authorized to use, including patient information without required rights, consents, or agreements;(c) send spam, unlawful marketing texts, or communications to a person who has not consented or who has opted out;(d) circumvent access controls, probe or compromise security, introduce malware, interfere with operation, or access another account without authorization;(e) copy, modify, translate, reverse engineer, decompile, disassemble, discover source code or model weights, or create derivative works of the Services, except to the limited extent a restriction is prohibited by law;(f) scrape, crawl, bulk-download, benchmark for competitive publication, or use automated means to extract data or functionality without written permission;(g) use the Services or output to build, train, validate, or improve a competing software, AI model, dataset, treatment-planning system, or manufacturing service;(h) remove proprietary notices, impersonate another person, misrepresent AI output as human-reviewed, or make false claims about ArchForm or a Product;(i) upload content that infringes intellectual property, privacy, publicity, confidentiality, or other rights;(j) use the Services in a manner that could cause harm to a patient, violate professional standards, or evade applicable medical-device, healthcare, export, or communications requirements; or(k) attempt to re-identify de-identified information or use the Services to discriminate unlawfully against a person.ArchForm may investigate suspected misuse and may preserve or disclose relevant information where reasonably necessary to protect safety, enforce these Terms, comply with law, or cooperate with lawful process.
12. Third-Party Services, Integrations, and Equipment
12.1 Third-party services. The Services may interoperate with payment processors, messaging providers, mobile carriers, AI providers, cloud hosts, analytics services, scanners, printers, curing systems, materials, practice-management systems, shipping carriers, and other third-party products or services. Your use of a third-party service may be governed by separate terms and privacy practices.
12.2 Integrations. When you authorize an integration, you direct ArchForm to exchange data with the third party. You are responsible for permissions, configuration, accuracy, and continued availability of the integration. ArchForm is not responsible for a third party change, outage, security event, or misuse outside ArchForm's reasonable control.
12.3 Equipment and materials. Compatibility information and validation status may change. You must confirm current Documentation and use equipment and materials consistent with applicable product labeling. ArchForm is not responsible for third-party equipment, consumables, software, warranties, or support unless an Order expressly states otherwise.
12.4 Links. Links to third-party websites are provided for convenience and do not constitute endorsement. ArchForm is not responsible for third-party content or practices.
13. Intellectual Property and Feedback
13.1 ArchForm technology. ArchForm and its licensors own the Services, software, interfaces, workflows, algorithms, AI models, model improvements, Documentation, designs, trademarks, and all related intellectual-property rights, excluding Customer Data and third-party materials.
13.2 Customer Data and generated files. You retain ownership of Customer Data. Subject to payment and these Terms, ArchForm grants you a non-exclusive right to use patient-specific exports, reports, setups, and files generated for you for lawful treatment, manufacturing, recordkeeping, and internal business purposes. This does not transfer rights in ArchForm software, algorithms, templates, or general technology embedded in or used to create the output.
13.3 Feedback. If you provide suggestions, ideas, feature requests, evaluations, or other feedback, you grant ArchForm a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation, provided ArchForm does not identify you publicly without permission.
13.4 Trademarks and publicity. You may not use ArchForm's names, logos, product names, or marks except as permitted in writing or by published brand guidelines. ArchForm will not use your name or logo in public marketing unless authorized by you or an applicable agreement.
14. Availability, Support, Beta Features, and Service Changes
14.1 Availability. ArchForm will use commercially reasonable efforts to operate the Services, but does not guarantee uninterrupted or error-free availability unless a signed service-level agreement states otherwise. Maintenance, security events, internet failures, third-party outages, and other issues may affect access.
14.2 Support. Support scope, hours, channels, and response targets are described in the applicable plan, Order, or Documentation. AI and text support do not replace any separately purchased clinical or technical service level.
14.3 Beta and preview features. Features identified as beta, preview, early access, experimental, or evaluation may be incomplete, changed, or discontinued at any time. They are provided for testing and should not be relied on for production, clinical, regulatory, or safety-critical use unless ArchForm expressly authorizes that use in writing.
14.4 Modifications and deprecation. ArchForm may improve, modify, or discontinue features. ArchForm will provide reasonable notice of a material discontinuation affecting a paid, active Order where practicable, except when immediate action is needed for security, safety, legal, regulatory, or third-party reasons.
14.5 Backups and local records. Unless a signed agreement states otherwise, the Services are not your sole recordkeeping or backup system. You must maintain copies of records, prescriptions, approvals, exported files, and other information required for clinical, legal, or business continuity.
15. Term, Suspension, and Termination
15.1 Term. These Terms begin when you first accept or use the Services and continue while you maintain an account, have an active Order, or continue using the Services.
15.2 Customer termination. You may stop using the Services and may cancel an account or renewal as permitted by the applicable Order and account settings. Cancellation does not eliminate amounts already due or create a refund right not stated in these Terms or an Order.
15.3 ArchForm suspension or termination. ArchForm may suspend or terminate access if: (a) you materially breach these Terms or an Order; (b) payment is overdue; (c) use creates a security, safety, legal, regulatory, reputational, or operational risk; (d) ArchForm is required to do so by law, a regulator, a carrier, or a third-party provider; or (e) an account is inactive and subject to a disclosed retention policy. Where appropriate, ArchForm will provide notice and an opportunity to cure.
15.4 Effect. Upon termination, your license ends and you must stop using the Services. ArchForm may complete or cancel open Orders as reasonably appropriate and may retain or delete data in accordance with Section 9, applicable agreements, and law. Sections that by their nature should survive will survive, including payment, professional responsibility, data rights, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, disputes, and general terms.
16. Limited Warranties
16.1 Authority. Each party represents that it has authority to enter into these Terms.
16.2 Service warranty. For paid Services, ArchForm warrants that the Services will materially perform in accordance with applicable Documentation under normal, authorized use. Your exclusive remedy for a verified breach is for ArchForm to use commercially reasonable efforts to correct or reperform the affected Service or, if ArchForm determines that is not reasonably practicable, to terminate the affected Service and refund prepaid fees for the unused portion.
16.3 Product warranty. ArchForm warrants that, at shipment, Products manufactured by ArchForm will materially conform to the approved Order and applicable written specifications. The exclusive remedy for a verified manufacturing defect is the remedy stated in Section 6.7, unless a separate written warranty provides otherwise.
16.4 Exclusions. The warranties do not apply to problems caused by inaccurate data, unauthorized modification, misuse, unvalidated equipment or materials, third-party systems, failure to follow Documentation, ordinary wear, patient noncompliance, clinical changes, or events outside ArchForm's reasonable control.
17. Disclaimers
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN SECTION 16 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI FEATURES, TEXT SERVICE, OUTPUTS, DOCUMENTATION, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." ARCHFORM DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.ARCHFORM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY DEVICE, SYSTEM, PRINTER, MATERIAL, CARRIER, OR JURISDICTION; THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, UNIQUE, OR APPROPRIATE; OR THAT A TREATMENT PLAN OR PRODUCT WILL ACHIEVE A PARTICULAR CLINICAL RESULT. ARCHFORM DOES NOT PROVIDE MEDICAL, DENTAL, LEGAL, REGULATORY, BILLING, OR OTHER PROFESSIONAL ADVICE THROUGH THE GENERAL-PURPOSE AI CHATBOT.YOU ARE RESPONSIBLE FOR PROFESSIONAL REVIEW, PATIENT CARE, MANUFACTURING OUTSIDE ARCHFORM FACILITIES, CONSENTS, RECORDS, AND COMPLIANCE. NO ORAL OR WRITTEN INFORMATION CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR A SIGNED AGREEMENT.Some jurisdictions do not allow certain disclaimers. In those jurisdictions, the disclaimers apply only to the extent permitted by law, and mandatory consumer or product rights remain unaffected.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARCHFORM NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR CLAIMS ARISING FROM CLINICAL OUTCOMES, PATIENT NONCOMPLIANCE, OR MANUFACTURING PERFORMED OUTSIDE ARCHFORM FACILITIES, EVEN IF ADVISED OF THE POSSIBILITY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ARCHFORM AND THE ABOVE PARTIES ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID OR PAYABLE TO ARCHFORM FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY. FOR A FREE SERVICE, THE CAP IS US$100.These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be excluded or limited, and a signed agreement may state different limits. The parties acknowledge that fees reflect this allocation of risk.
19. Indemnification
19.1 Your indemnity. To the extent permitted by law, you will defend, indemnify, and hold harmless ArchForm and its affiliates, officers, directors, employees, and agents from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising from or relating to:(a) your clinical evaluation, diagnosis, prescription, treatment, patient communication, or professional services;(b) Products manufactured, modified, labeled, stored, or delivered by you or a third party outside ArchForm's facilities;(c) Customer Data, including a claim that you lacked consent, authorization, or rights to submit or use it;(d) your violation of law, professional standards, communications consent requirements, or these Terms;(e) your misuse of the Services, AI output, Text Service, or Products; or(f) a claim by an Authorized User, patient, customer, or third party based on your acts, omissions, representations, or instructions.
19.2 Procedure. ArchForm will provide reasonable notice of an indemnified claim and may control the defense and settlement with counsel of its choice. You will reasonably cooperate. You may not settle a claim in a manner that admits fault by, imposes obligations on, or restricts ArchForm without ArchForm's prior written consent.
20. Compliance, Export Controls, and International Use
20.1 Applicable law. You must comply with laws and professional requirements applicable to your use, including healthcare, privacy, data security, medical-device, consumer protection, accessibility, advertising, telemarketing, text messaging, export, sanctions, tax, and records laws.
20.2 Export and sanctions. You may not access, export, re-export, transfer, or use the Services or Products in violation of U.S. export-control or sanctions laws. You represent that you are not prohibited from receiving the Services and will not use them for a prohibited end use or in a prohibited jurisdiction.
20.3 International availability. ArchForm does not represent that every Service or Product is lawful, registered, available, or appropriate in every jurisdiction. You are responsible for local professional, device, import, labeling, language, privacy, and communications requirements.
20.4 Anti-corruption. You will not use the Services in connection with bribery, kickbacks, improper payments, or other unlawful conduct.
21. Disputes, Governing Law, and Venue
21.1 Informal resolution. Before filing a lawsuit, a party will send written notice describing the dispute and requested resolution and will allow at least 30 days for good-faith discussion, except where immediate injunctive relief is reasonably necessary.
21.2 Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21.3 Venue. Except where applicable law requires otherwise, the state and federal courts located in Santa Clara County, California have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts.
21.4 Equitable relief. A breach involving confidentiality, security, intellectual property, or unauthorized access may cause irreparable harm for which monetary damages are inadequate, and the affected party may seek appropriate injunctive or equitable relief.
21.5 Non-waivable rights. Nothing in this Section limits a right or remedy that cannot be waived under applicable consumer, healthcare, product-liability, or other law.
22. Changes to These Terms
22.1 Updates. ArchForm may update these Terms to reflect changes in the Services, law, security, or business practices. ArchForm will post the updated Terms with a revised date and will provide reasonable notice of a material change, such as through email, account notice, software notice, or text message where appropriate.
22.2 Effective date of material changes. Unless a change is required sooner for law, safety, or security, a material change will apply prospectively no earlier than 30 days after notice or at the next renewal of a fixed-term paid Service, as applicable. ArchForm will not retroactively expand its right to use previously collected Personal Data or protected health information in a materially different manner without any notice or consent required by law and applicable agreement.
22.3 Continued use. If you do not agree to an updated term, you must stop using the affected Service before the change becomes effective and may exercise any cancellation right in the applicable Order. Continued use after the effective date constitutes acceptance, except where affirmative consent is required by law.
23. General Terms23.1 Entire agreement. These Terms, the Privacy Policy, applicable Orders, and any signed agreements constitute the entire agreement regarding the Services and supersede prior or contemporaneous proposals and communications on the same subject.
23.2 Assignment. You may not assign these Terms or an Order without ArchForm's prior written consent. ArchForm may assign them to an affiliate or in connection with a merger, reorganization, financing, sale of assets, or change of control, subject to applicable privacy and contractual obligations.
23.3 Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, epidemics, labor disputes, war, terrorism, civil unrest, government action, supply shortages, utility or network failures, cyberattacks, carrier outages, or third-party service failures, except that payment obligations for completed Services remain due.
23.4 Severability and waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. A waiver must be in writing and does not waive a later breach.
23.5 Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, or agency relationship. No person other than the parties and the ArchForm parties expressly protected by these Terms is a third-party beneficiary.
23.6 Notices. ArchForm may send notices to the email address, account, software interface, or mobile number associated with your account. Legal notices to ArchForm must be sent to info@archform.co with the subject line "Legal Notice" and to the mailing address in Section 24. Notice is effective when received, except ordinary service notices may be effective when sent or posted.
23.7 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." The singular includes the plural. An electronic copy has the same effect as an original. These Terms will not be construed against a party solely because that party drafted them.
24. Contact Information
ArchForm Inc.
Attn: Legal
2255 Martin Ave. Ste H, Santa Clara, CA 95050
Email: info@archform.co
Website: https://www.archform.com
Privacy Policy: https://www.archform.com/privacy
EXHIBIT A. ArchForm AI Text Support Program Disclosures
This Exhibit summarizes the disclosures for the ArchForm Text Service. The actual signup flow, first message, HELP response, STOP response, carrier registration, and privacy practices must match these disclosures.
Program name. ArchForm AI Text Support.
Program description. An AI-enabled text service for ArchForm product information, onboarding, support, account and order assistance, case-status or service communications, troubleshooting, educational information, and other requested ArchForm functions. Where enabled by a Practice, the program may facilitate patient-facing administrative communications. It is not an emergency service or a substitute for a dental professional.
Message frequency. Message frequency varies based on user requests and account activity.
Charges. Message and data rates may apply.
Opt-out. Reply STOP, CANCEL, END, QUIT, or UNSUBSCRIBE, or otherwise reasonably request that texts stop. One confirmation message may be sent.Help. Reply HELP or email info@archform.co.
Marketing. Automated marketing texts require a separate opt-in where required by law. Marketing consent is not a condition of purchase.
Privacy. Text-message data is handled under the ArchForm Privacy Policy and any applicable Business Associate Agreement. SMS/MMS may not be end-to-end encrypted.
Delivery. Delivery is subject to mobile carriers and service providers; delayed or undelivered messages may occur.
Recommended service/support opt-in disclosureBy providing my mobile number and selecting this option, I agree to receive automated service and support text messages from ArchForm, including messages generated by the ArchForm AI assistant. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help. This consent applies to service and support messages; marketing messages require a separate opt-in. See the ArchForm Terms of Service and Privacy Policy.
Recommended separate marketing opt-in disclosureI agree to receive recurring automated promotional text messages from ArchForm at the mobile number provided. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help. Consent is not a condition of purchase. See the ArchForm Terms of Service and Privacy Policy.
Recommended first automated messageArchForm AI: You are chatting with an automated assistant, not a dental professional. It can help with ArchForm support and service questions. Do not use this number for emergencies or time-sensitive patient care. Message frequency varies; message and data rates may apply. Reply STOP to opt out or HELP for help. Terms: https://www.archform.com/terms. Privacy: https://www.archform.com/privacy.
Recommended STOP confirmationYou have been unsubscribed from ArchForm automated text messages. No additional automated messages will be sent unless you opt in again. For support, email info@archform.co.
Recommended HELP responseArchForm AI text support. Reply with your ArchForm product or service question, or email info@archform.co. Message and data rates may apply. Reply STOP to opt out. Do not use this number for emergencies or time-sensitive patient care.