Our Terms of Service

Effective Date: January 1, 2025
Last Updated: January 1, 2025

These Terms of Use (“Terms”) govern your access to and use of the Honesty patient portal and related services (the “Portal”) provided by Honest Practices and/or the dental practice(s) that make the Portal available to you (collectively, “we,” “us,” or “our”). The Portal may include web and mobile experiences that allow you to view health information, complete forms, message your care team, receive reminders, and manage appointments.

By accessing or using the Portal, you agree to these Terms. If you do not agree, do not use the Portal.

1. Who We Are and What the Portal Is

The Portal is a tool that helps you communicate with your dental provider and access certain information and services. The Portal does not provide medical or dental advice and is not a substitute for professional care. Always seek the advice of your provider with questions about diagnosis or treatment.

2. Eligibility and Patient Use

You may use the Portal only if:
- You are at least 18 years old, or you are a minor using the Portal through an authorized parent/guardian or legal representative; and
- You are a current or prospective patient of a participating practice, or otherwise authorized to use the Portal.

If you use the Portal on behalf of someone else (for example, as a parent/guardian or healthcare proxy), you represent that you have legal authority to do so and that you will comply with these Terms.

3. Your Account and Security

You are responsible for:
- Maintaining the confidentiality of your login credentials;
- Ensuring that information you provide is accurate and up to date; and
- All activity that occurs under your account.

Notify us immediately if you suspect unauthorized access to your account. We may suspend or terminate access to protect you, the practice, or the Portal.

4. Privacy, HIPAA, and Your Health Information

Your use of the Portal is also governed by our Privacy Policy / Notice of Privacy Practices (the “Privacy Notice”), which describes how protected health information (“PHI”) may be used and disclosed and how you can access it.

Important: Some information you send through the Portal (including messages) may become part of your dental record.You are responsible for:

5. Messaging, Alerts, and Consent to Electronic Communications

By using the Portal, you consent to receive communications electronically (for example, through the Portal, email, phone, or text message), including administrative messages such as account notices, appointment reminders, forms, and Portal updates.

Text Messages (SMS):
- If you opt in to receive SMS, you authorize us to send text messages to the phone number you provide, which may include appointment reminders, instructions, and administrative notices.
- Message and data rates may apply.
- Message frequency varies.
- You can opt out at any time by following the instructions in the message (for example, replying “STOP”) or contacting us.

Email is not always secure. While the Portal may provide secure messaging, standard email and SMS may not be encrypted. Do not use the Portal, email, or SMS for urgent or emergency matters (see Section 6).

6. No Emergency Use

Do not use the Portal for medical or dental emergencies. If you believe you have an emergency, call 911 or go to the nearest emergency room. For urgent dental issues, contact your dental provider by phone.

7. Acceptable Use

You agree not to:
- Use the Portal in any way that violates laws or regulations;
- Attempt to access another person’s account or PHI;
- Interfere with or disrupt the Portal (including introducing malware or attempting to probe, scan, or test vulnerability);
- Reverse engineer, copy, modify, or create derivative works of the Portal except as permitted by law;
- Use the Portal to send unlawful, harassing, defamatory, obscene, or fraudulent content;
- Use automated scripts, scraping, or bulk data extraction without our written permission.

We may monitor, review, and remove content to the extent permitted by law and consistent with clinical record obligations.

8. Your Content and Submissions

You may be able to upload or submit information (for example, forms, insurance information, photos, messages). You represent that:
- You have the right to submit it; and
- It is accurate to the best of your knowledge.

You grant us permission to use your submissions to provide care, operate the Portal, maintain records, comply with law, and as described in the Privacy Notice.you believe you have an emergency, call 911 or go to the nearest emergency room. For urgent dental issues, contact your dental provider by phone.

9. Appointments, Forms, and Payment Features

If the Portal allows scheduling, forms, payments, or insurance-related features:
- Availability and confirmation of appointments are not guaranteed until confirmed by the practice.
- Payment transactions may be processed through third-party payment processors under their terms.
- You are responsible for verifying the accuracy of payment and insurance information you enter.

10. Third-Party Services and Links

The Portal may integrate third-party services (for example, SMS providers, identity verification, payment processors) or link to third-party sites. We do not control those third parties and are not responsible for their content, security, or practices. Your use of third-party services may be governed by their separate terms and policies.

11. Intellectual Property

The Portal and all related content and software are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Portal for your personal, lawful patient-related purposes, subject to these Terms.

12. Availability, Changes, and Updates

We may change, suspend, or discontinue the Portal (in whole or part) at any time. We may also update these Terms. If we make material changes, we will post the updated Terms and update the “Last Updated” date. Your continued use of the Portal after changes means you accept the updated Terms.

13. Disclaimer of Warranties

THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Portal will be uninterrupted, error-free, or free of viruses or other harmful components.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PORTAL WILL NOT EXCEED $100 OR THE AMOUNT YOU PAID (IF ANY) TO USE THE PORTAL IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold us harmless from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Portal; (b) your violation of these Terms; or (c) your violation of any law or third-party rights.

16. Termination

We may suspend or terminate your access to the Portal at any time if we believe you have violated these Terms, if required by law, or to protect the Portal or others. You may stop using the Portal at any time.Termination does not affect rights and obligations that by their nature should survive, including Sections 11–18.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the state where the primary practice providing your care is located, without regard to conflict of laws principles.

18. Miscellaneous

- Entire Agreement: These Terms and the Privacy Notice are the entire agreement regarding the Portal.
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
- No Waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign your rights under these Terms; we may assign ours as part of a reorganization or transfer.

19. Contact Us

If you have questions about these Terms or the Portal, contact: hello@honestpractices.com