Terms of service.

1. Acceptance of terms

By accessing or using Pearl's services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a dental practice or other organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, please do not use the Service.

Pearl reserves the right to update these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

2. Description of service

Pearl is an AI voice assistant designed specifically for dental offices. The Service provides, among other features:

• 24/7 or after-hours automated call answering for dental practices.
• Direct appointment scheduling, rescheduling, and cancellation in your Practice Management System (PMS).
• SMS and email communications with patients on your behalf.
• Staff notifications summarizing patient interactions.
• A call review portal providing call transcripts, analytics, and outcome tracking.
• Integration with supported VOIP systems and PMS platforms.

Pearl is provided as a software-as-a-service ("SaaS") offering. Features, integrations, and supported platforms may change over time. We will make reasonable efforts to communicate significant changes in advance.

3. Eligibility and account responsibilities

The Service is intended for use by licensed dental practices and their authorized staff. By using the Service, you represent that:

• You are at least 18 years of age and have the legal capacity to enter into these Terms.
• You are authorized to act on behalf of the dental practice you represent.
• All information you provide during registration is accurate and complete.
• You will maintain the security of your account credentials and promptly notify us of any unauthorized access.

You are responsible for all activity that occurs under your account. Pearl is not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials.

4. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any manner that violates applicable laws or regulations, including HIPAA and other healthcare privacy laws.
• Attempt to gain unauthorized access to any portion of the Service or its infrastructure.
• Reverse-engineer, decompile, or disassemble any portion of the Service.
• Use the Service to transmit unsolicited, deceptive, or harmful communications.
• Interfere with or disrupt the integrity or performance of the Service.
• Misrepresent your identity, affiliation, or the nature of your communications to patients.

5. Privacy and data handling

Pearl operates an audit-ready security program mapped to HIPAA safeguards and SOC 2 controls. Patient data processed through the Service is treated as Protected Health Information (PHI) and is encrypted end-to-end, in transit and at rest.

Where applicable, you and Pearl will execute a Business Associate Agreement (BAA) governing the handling of PHI. Pearl will not use patient data to train AI models and will not sell patient data to third parties.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Payment and billing

Pearl offers a 30-day free trial period for new customers. Following the trial, continued use of the Service requires payment of the applicable subscription fee. Fees are billed monthly in advance and are non-refundable except as required by law.

We reserve the right to change our pricing with 30 days' prior written notice. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

7. Intellectual property

The Service and all content, technology, and materials associated with it are owned by Pearl and are protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the Service.

You retain ownership of all data you provide to the Service, including patient data and practice configuration. By using the Service, you grant Pearl a limited license to process such data solely for the purpose of delivering the Service to you.

8. Disclaimers and limitation of liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Pearl does not warrant that the Service will be uninterrupted, error-free, or completely secure. Pearl is not responsible for any clinical decisions made by dental staff based on information provided by the Service. The Service is a communication and scheduling tool and does not constitute medical or dental advice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEARL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF PEARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEARL'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE FEES YOU PAID TO PEARL IN THE THREE MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pearl and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) your patient data or practice data.

10. Termination

You may cancel your subscription at any time through your account settings or by contacting us at info@getpearl.ai. There are no long-term contracts or early termination fees. Cancellation takes effect at the end of the current billing cycle.

Pearl may suspend or terminate your access to the Service immediately, without prior notice, if you materially breach these Terms, engage in fraudulent or illegal activity, or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately.

Following termination, Pearl will retain your data for a period consistent with our data retention policy and applicable legal obligations, after which it will be securely deleted.

11. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You and Pearl each waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration. Nothing in this section limits either party's right to seek emergency injunctive relief.

12. Contact information

If you have any questions about these Terms, please contact us at:

• Email: info@getpearl.ai
• Website: getpearl.ai