Terms of Service

1. Agreement to Terms

By accessing or using any services provided by OrthoAscend ("we," "us," "our"), including our website at orthoascend.io, our products (OrthoAngel, Orderli), and our consulting services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

2. Description of Services

OrthoAscend provides:

• Digital Strategy Services — Website design and development, SEO, analytics, and custom integrations for orthodontic practices
• OrthoAngel — A practice intelligence and patient engagement platform including patient messaging (SMS), appointment coordination, consult intelligence, and engagement tools, with new capabilities added over time
• Orderli — An inventory management platform for orthodontic practices

Specific service terms, deliverables, and pricing are established through individual service agreements with each client practice.

PMS Integration

OrthoAngel may integrate with third-party practice management systems (PMS), such as Denticon, Cloud 9, and NexHealth-connected platforms, to synchronize appointment data, patient demographics, and scheduling information. These integrations are configured per practice and operate under the same data processing and security obligations described in our Privacy Policy and applicable Business Associate Agreement.

The practice remains the data controller for all PMS-sourced data. OrthoAscend accesses only the minimum patient data necessary for the consult intelligence and communication features enabled by the practice.

3. SMS Terms of Service

The following terms apply specifically to the OrthoAngel SMS messaging service, operated on behalf of orthodontic practices.

Opt-In

You may opt in to receive text messages by:

• Replying YES to a consent request sent by practice staff
• Texting the practice phone number to initiate a conversation

By opting in, you consent to receive appointment-related text messages at the mobile number you provided.

Message Types & Frequency

Messages may include:

• Appointment confirmations and reminders
• Scheduling and rescheduling notifications
• Post-visit care coordination messages
• Replies to patient-initiated inquiries

Message frequency varies based on appointment activity. Typical frequency is 2–6 messages per month. No marketing or promotional messages will be sent.

Opt-Out

You can opt out at any time by replying STOP to any message. After opting out, you will receive a single confirmation message and no further texts will be sent. You may re-subscribe at any time by replying START.

Help

Reply HELP to any message for assistance, or contact the practice directly.

Cost

Message and data rates may apply. Check with your mobile carrier for details. We do not charge for SMS messages.

Carriers

Carriers are not liable for delayed or undelivered messages.

4. Intellectual Property

All content, designs, code, and materials on orthoascend.io are the intellectual property of OrthoAscend unless otherwise noted. You may not reproduce, distribute, or create derivative works from our content without explicit written permission.

For client work: ownership terms for websites, designs, and custom integrations are defined in individual service agreements.

5. User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information
• Use our services only for lawful purposes
• Not attempt to gain unauthorized access to our systems
• Comply with all applicable laws and regulations, including HIPAA where applicable

6. HIPAA Compliance

For practices using OrthoAngel or other services that involve protected health information (PHI), OrthoAscend will enter into a Business Associate Agreement (BAA) as required by HIPAA. The BAA governs our obligations regarding the handling, storage, and security of PHI.

OrthoAscend's HIPAA compliance program includes:

• Business Associate Agreements executed with each practice client
• All PHI processed and stored exclusively on Google Cloud Platform (US regions)
• AI processing via OpenAI's HIPAA-eligible API under an executed BAA
• Administrative, technical, and physical safeguards aligned with the HIPAA Security Rule
• Breach notification within 48 hours of discovery, as defined in each BAA

A summary of our security controls and HIPAA compliance posture is available upon request.

7. Limitation of Liability

To the fullest extent permitted by law, OrthoAscend shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services, whether based on warranty, contract, tort, or any other legal theory.

Our total liability for any claim arising from these terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

8. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee uninterrupted, error-free, or secure operation of our products or services.

9. Termination

We may suspend or terminate access to our services at any time for violation of these terms. For paid services, termination terms are governed by individual service agreements.

10. Governing Law

These Terms of Service are governed by the laws of the State of Nevada, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Clark County, Nevada.

11. Changes to These Terms

We may update these Terms of Service from time to time. Changes will be posted at this URL with an updated effective date. Continued use of our services after changes constitutes acceptance of the updated terms.

12. Contact Us

For questions about these terms, please contact us at:

• Email: benjamin@orthoascend.io
• Website: orthoascend.io