Draft — to be reviewed by a solicitor before launch
Terms of Service
Last updated:
The short version
opendent bot costs £29 a month per practice after a 30-day free trial. A card is required. Cancel before the trial ends and you pay nothing. After that, cancel any time and your subscription ends at the end of your paid month. You manage your enquiries and patient communications; we provide the software.
1. Who we are and who these terms are for
These terms are between [Company legal name], trading as OpenDent (company number [Company number]), of [Registered address] (OpenDent, we, us) and the dental practice business subscribing to opendent bot (you). Contact us at hello@opendent.co.uk. The person accepting these terms must have authority to bind the practice. This is a business service, not a consumer subscription.
By starting a trial or subscribing, you accept these terms and the Data Processing Agreement (DPA), which forms part of them. The DPA takes priority for conflicts about processing practice personal data. Our Privacy Policy explains our own use of personal data.
2. What the service does
opendent bot is a website chat widget and a light enquiry inbox/CRM. It asks visitors about treatment interests and collects their name, email and phone number. Finished chats become enquiries. Connected Facebook Messenger, Instagram DMs, Facebook Lead Ads, webforms and email can also feed the inbox. Staff can manage roles, notes, tasks, files and reports.
The service does not provide live chat, appointment booking, clinical advice or emergency care. You must check the information shown to visitors, including treatment descriptions, fees, opening hours and follow-up expectations. We do not promise a number of enquiries, bookings or sales.
3. Trial, price and payment
- The free trial lasts 30 days from activation. Setup by us is free. You must provide a valid payment card through Stripe before the trial starts.
- If you cancel before the trial ends, nothing is charged. Otherwise the subscription automatically becomes paid at the end of the trial, at £29 per practice per month, billed monthly in advance through Stripe.
- We are not VAT registered. No VAT is charged or included in the £29 price.
- You authorise the recurring payments and must keep your payment and billing details current. If a payment fails, we will notify you and give you a reasonable opportunity to resolve it before suspending access, unless immediate action is needed for security or legal reasons.
- We will give at least 30 days’ notice of a price change. It will apply from a future monthly renewal after that notice, allowing you to cancel first.
4. Cancellation
There is no minimum contract term beyond the current paid month. You can cancel any time through the subscription controls provided or by emailing hello@opendent.co.uk from an authorised practice account. Cancellation during the trial takes effect before any paid subscription starts. Cancellation during a paid month stops the next renewal; access continues until the end of that paid month.
There are no refunds for part months or unused time when you cancel. This does not remove any refund expressly provided in these terms or any right that cannot lawfully be excluded.
5. Your responsibilities and acceptable use
- You are responsible for your website, installing or approving the widget, your connected accounts, and lawful, accurate content. You must have rights to all material you upload, including fee guides.
- You are responsible for responding to enquiries, verifying contact details, obtaining any required permissions for patient communications, and complying with professional duties, UK GDPR, the Data Protection Act 2018 and PECR. An enquiry is not permission for unrelated marketing.
- Provide appropriate privacy and cookie notices and obtain consent where required, including for any attribution or marketing technologies. Set a lawful retention policy and keep information accurate.
- Keep staff access limited to those who need it, assign suitable roles, remove departing users promptly and protect login credentials. Tell us promptly if you suspect misuse.
- Do not ask visitors for clinical histories or other unnecessary sensitive information. The inbox is not a clinical record system; do not use it to make clinical decisions or to receive emergencies.
- Do not use the service for spam, unlawful or misleading messages, infringement, malware, harassment or unauthorised access. Do not probe security, disrupt the service or bypass access limits.
6. Availability and support
We will provide the service with reasonable care and skill. There is no service level agreement (SLA), guaranteed uptime, guaranteed response time or service credit. Maintenance, faults, internet outages and third-party systems can interrupt access or message delivery. Contact hello@opendent.co.uk for support.
You should have another way for visitors to contact your practice and check enquiries regularly. Third-party integrations depend on the relevant providers’ permissions, availability and terms. We may change features, but will give reasonable notice of a material reduction where practicable.
7. Your data and intellectual property
You retain your rights in practice content and data. You give us permission to host, copy, transmit and otherwise process it only as needed to provide and secure the service, follow your lawful instructions and meet legal duties, subject to the DPA.
We and our licensors retain the rights in the software, designs and branding. During your subscription, you have a non-exclusive, non-transferable right to use the service for your subscribed practice’s business. You must not copy, resell or reverse engineer the service except where the law permits it. We do not acquire ownership of patient information.
8. Suspension, termination and leaving
We may suspend access as reasonably necessary to address unlawful use, a security risk or overdue payment, and will explain the reason where lawful. We may terminate for a material breach if it is not fixed within 14 days of written notice, or immediately for a serious breach that cannot be fixed. We may also end the service on at least 30 days’ written notice.
If we end the service for reasons other than your breach, we will refund prepaid fees for the period after access ends. Ending the subscription does not cancel fees already due.
You can request an export of your practice data by emailing hello@opendent.co.uk before your subscription ends or within 30 days afterwards. We will provide a commonly readable electronic export, including uploaded files where applicable, by a secure method. During that period after termination we retain data only for return or deletion, security and legal duties; normal service access may have ended.
At your choice we will return or delete personal data as described in the DPA. Request an export before instructing deletion. Retained backups are isolated from normal use and deleted on rotation. The DPA continues to protect data until deletion is complete.
9. Liability
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that the law does not allow us to limit or exclude. These terms do not restrict individuals’ statutory data protection rights or a regulator’s powers.
Subject to those exceptions, our total aggregate liability arising out of or in connection with these terms, including the DPA, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the fees you paid us in the 12 months immediately before the event giving rise to the claim. If you have paid no fees, that cap is £0.
Subject to the same exceptions, we are not liable for loss of profit, revenue, business opportunity, anticipated savings or goodwill, or indirect or consequential loss. We are not responsible for your clinical decisions or communications. These limitations apply only to the extent permitted by law.
10. Changes and other terms
We will notify the practice’s account contact at least 30 days before material changes to these terms take effect. You may cancel before they apply. Changes needed urgently for law or security may take effect sooner, with notice as soon as reasonably possible. We will not apply changes retrospectively.
These terms and the DPA form our agreement for the service. A delay in enforcing a right does not waive it. If a provision is unenforceable, the rest continues. Neither party may transfer the agreement without the other’s written consent, not to be unreasonably withheld. No other person has a contractual right to enforce it; this does not affect statutory rights.
11. Law and disputes
These terms and any dispute, including a non-contractual dispute, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction. Please contact hello@opendent.co.uk first so we can try to resolve a concern.