Terms of Service

1. Agreement

These Terms of Service (the “Terms”) govern your access to and use of Pencil (the “Service”), operated by Pencil (“we”, “us”). By creating an account, embedding the booking widget, or otherwise using the Service, you agree to these Terms on behalf of yourself and the dental practice you represent (“you”, “your practice”).

2. The Service

Pencil provides online appointment booking, appointment text messaging, call tracking, and advertising conversion reporting for dental practices. We may add, change, or remove features over time. We will give reasonable notice before removing a feature your practice actively relies on.

3. Accounts and access

You are responsible for the accuracy of your account information, for keeping credentials confidential, and for all activity that occurs under your account. You must promptly notify us of any unauthorized use. Each person with access to your account must have their own login.

4. Your responsibilities

You are responsible for the clinical and operational decisions made using the Service, including which appointment times you make bookable, how you staff them, and how you respond to patients. You agree to:

• keep your published hours and availability accurate;
• honor appointments booked through the Service, or contact the patient promptly when you cannot;
• obtain any patient consent required before sending text messages;
• comply with all laws that apply to your practice, including HIPAA, the TCPA, and applicable state law; and
• not use the Service to send marketing messages to patients who have not consented to receive them.

5. Not medical advice; emergencies

The Service is scheduling software. It does not provide medical or dental advice, does not triage patients, and is not a substitute for professional judgment or emergency care. Patients experiencing a medical emergency should call emergency services or go to an emergency room.

6. Text messaging

When you enable appointment texting, messages are sent from a number provisioned for your location and identify your practice. You are the sender of record for those messages. Carriers may filter, delay, or reject messages for reasons outside our control, and we do not guarantee delivery.

7. Patient data

Patient information submitted through the Service belongs to your practice. We process it on your behalf as described in our Privacy Policy and in any business associate agreement executed between us. We do not sell patient data.

8. Fees, trials, and cancellation

Paid subscriptions are billed per location, in advance, on a monthly basis at the price shown at signup. Free trials convert to a paid subscription only when you choose to subscribe; we do not require a card to start a trial. Fees are non-refundable except where required by law. You may cancel at any time, effective at the end of the current billing period. We may change prices with at least 30 days’ notice before your next renewal.

9. Suspension and termination

We may suspend or terminate access for non-payment, for a material breach of these Terms, or where continued use would create a legal or security risk. On termination, your practice may export its appointment data for a reasonable period before it is deleted.

10. Availability

We work to keep the Service available around the clock, but we do not guarantee uninterrupted operation. Planned maintenance will be scheduled outside peak booking hours where practical.

11. Intellectual property

We retain all rights in the Service, including the booking widget and its underlying software. You retain all rights in your practice’s content, branding, and patient data. You may use the widget on websites your practice controls for the term of your subscription.

12. Disclaimers and limitation of liability

The Service is provided “as is” without warranties of any kind to the fullest extent permitted by law. To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the fees you paid us in the twelve months before the event giving rise to the claim, and we are not liable for indirect, incidental, or consequential damages, including lost revenue or lost appointments.

13. Changes to these Terms

We may update these Terms. Material changes will be announced in the application or by email before they take effect. Continued use after the effective date constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the State of Indiana, without regard to its conflict of laws rules.

15. Contact

Questions about these Terms: support@usepencil.io.