Terms of Service
Last Updated: January 7, 2025
Thank you for choosing Fluidic ML dba Gain AI (“Gain AI,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of our dental patient engagement platform, including any websites, mobile applications, and related services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
1. Acceptance of Terms
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy] (the “Privacy Policy”).
If you are using the Services on behalf of a dental practice, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms “you” or “your” refer to that entity.
2. Changes to Terms
Right to Modify: We reserve the right to revise or update these Terms at any time. Any changes will be posted on our website or via other communication channels, and the “Last Updated” date at the top of these Terms will reflect the date of the latest revisions.
Effective Upon Posting: Changes become effective immediately upon posting. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the updated Terms.
3. Description of Services
Gain AI provides a software platform and related tools to help dental practices streamline communication and engagement with their patients, such as appointment reminders, patient outreach, and practice management features. While we aim to provide a reliable and efficient platform, we do not practice dentistry and make no representations or warranties regarding the accuracy or completeness of any patient or medical information exchanged via the Services.
4. Eligibility
Legal Age: You must be at least 18 years old or the age of majority in your jurisdiction to use our Services.
Authority: If you are accessing or using the Services on behalf of a dental practice or other organization, you represent that you have the authority to do so and to bind that entity to these Terms.
Compliance: You agree to use the Services only in compliance with these Terms, applicable laws, and any relevant contractual obligations you may have with third parties.
5. User Accounts
Registration: You may be required to create an account to access certain features of the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
Account Use: You must not impersonate another person or provide false information about yourself. We reserve the right to suspend or terminate your account if any information provided during registration is, or becomes, inaccurate, false, or misleading.
6. Your Responsibilities
Lawful Use: You agree to use the Services only for lawful purposes and in a manner consistent with these Terms and all applicable laws and regulations.
User-Provided Content: You are solely responsible for all data, text, images, or other content that you upload, post, or otherwise transmit via the Services (“User Content”). You represent and warrant that you have all necessary rights to submit your User Content and that your User Content does not infringe upon the rights of any third party.
Prohibited Conduct: You agree not to:
Use the Services in a way that violates any applicable laws or regulations.
Interfere with or disrupt the Services or servers/networks connected to the Services.
Introduce any viruses, malware, or harmful code.
Engage in activities that are false, misleading, or fraudulent.
7. HIPAA and Privacy Compliance
HIPAA Compliance: Where applicable, Gain AI acts as a Business Associate for dental practices subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We maintain appropriate safeguards for Protected Health Information (“PHI”) in accordance with HIPAA regulations and any Business Associate Agreement (“BAA”) in place with our customers.
Privacy Policy: Your use of the Services is also governed by our [Privacy Policy], which explains how we collect, use, and share your information. By using the Services, you consent to our collection and use of your information in accordance with the Privacy Policy.
8. Fees and Payment
Subscription Fees: Some features of the Services may require the payment of subscription or other fees as outlined in a separate agreement or order form. You agree to pay all such fees in accordance with the payment terms presented at the time of purchase.
Billing: If you provide a payment method, you authorize us (or our third-party payment processor) to charge you for all fees due. You are responsible for keeping your payment information current and complete.
Changes to Fees: We reserve the right to change our fees at any time with reasonable advance notice, which may be provided by email or through the Services.
9. Intellectual Property
Ownership: Gain AI and its licensors retain all right, title, and interest in and to the Services, including all related intellectual property rights (e.g., software, trademarks, logos, designs).
License Grant: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business or personal purposes, as applicable.
Restrictions: You may not (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble any part of the Services; or (c) use the Services to build a similar or competing product or service.
10. Confidentiality
You may receive information from us that is confidential or proprietary. You agree not to disclose our confidential information to any third party without our prior written consent. We also agree to handle any confidential or proprietary information we receive from you in the same manner, subject to the terms of any applicable BAA or other agreement.
11. Term and Termination
Term: These Terms will remain in effect until terminated by either party.
Termination by You: You may terminate these Terms by ceasing all use of the Services and, if applicable, deleting your account.
Termination by Us: We may suspend or terminate your access to the Services at any time, with or without cause, including if you violate these Terms or fail to pay any applicable fees.
Effect of Termination: Upon termination, your right to access the Services will immediately cease. We may delete any of your User Content or data stored in our systems. Any terms that, by their nature, should survive termination (e.g., indemnification, limitation of liability) shall survive.
12. Disclaimer of Warranties
As Is: The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.
No Medical Advice: Gain AI is not a dental or medical provider and does not offer medical diagnosis or treatment. The Services are intended to facilitate communication and not to replace professional dental or medical judgment.
No Warranty: We expressly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted or error-free.
13. Limitation of Liability
Indirect Damages: To the maximum extent permitted by law, in no event shall Gain AI be liable for any indirect, incidental, consequential, special, or punitive damages (including, but not limited to, loss of profits, revenue, data, or use), even if we have been advised of the possibility of such damages.
Aggregate Liability: To the maximum extent permitted by law, Gain AI’s total cumulative liability for any claims arising out of or related to the Services will not exceed the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless Gain AI, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Your use or misuse of the Services.
Your violation of these Terms or any applicable law or regulation.
Your infringement of any third-party right, including intellectual property or privacy rights.
15. Governing Law and Dispute Resolution
Governing Law: These Terms and any related dispute shall be governed by and construed in accordance with the laws of the state or country in which Gain AI is headquartered (without giving effect to its conflict of laws principles).
Venue: Any disputes arising under or in connection with these Terms shall be resolved exclusively in the courts located in such jurisdiction, and you consent to personal jurisdiction in these courts.
Arbitration (Optional): If agreed upon by the parties, any dispute arising out of these Terms may be settled by binding arbitration under the rules of a mutually agreed-upon arbitration organization. Each party shall be responsible for its own costs and fees, unless otherwise required by the arbitration rules.
16. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any applicable BAA or subscription agreement, constitute the entire agreement between you and Gain AI regarding the Services and supersede any prior agreements.
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at our discretion without restriction.
17. Contact Us
If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at:
Fluidic ML dba Gain AI
5274 Morris Way
Fremont, CA 94536
Email: founders@usegain.ai
Phone: (650) 550-0016
We will do our best to respond to your inquiries in a timely and effective manner.
Disclaimer: These Terms of Service are for informational purposes only and do not constitute legal advice. For legal advice regarding your specific situation, please consult an attorney or other qualified legal professional.