Terms & Conditions

These terms and conditions (the “Terms of Use”) govern your access to and utilization of FirstIn, a patient scheduling software provided as a service over the Internet (the “Software”) created by FirstIn Practice Solutions Ltd and licensed by FirstIn Practice Solutions Ltd. (collectively referred to as “Company”, “we”, or “us”). The term “Software” also encompasses all updates, upgrades, and new versions of the Software that we provide or make available to you.
Please review the Terms of Use carefully before using the Software. By accessing or using the Software, or by clicking to accept or agree to the Terms of Use when this option is presented to you, you acknowledge and agree to comply with these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Software.
We reserve the right to modify and update these Terms of Use at our sole discretion. All changes take effect immediately upon being posted and apply thereafter to all access and use of the Software. Your continued use of the Software following the posting of revised Terms of Use signifies your acceptance of those changes. Please check this page regularly to stay informed of any updates.

SUBSCRIPTION SERVICES

During the Subscription Period, as long as your account remains in good standing, you will be eligible to receive technical support and any web-based training or other additional services that the Company, at its discretion, makes available to you (“Subscription Services”).The Company will provide technical support free of charge as part of the Subscription Services. All technical support is subject to the Company’s current technical support policy. All updates, upgrades, and new versions of the Software will be governed by your Service Agreement and these Terms of Use.You agree that the Company, or its designee, may remotely access your computer or other device to provide Subscription Services, including but not limited to technical troubleshooting, answering questions, benchmarking, and providing training to you or your personnel. Remote access will be conducted using established, secure, Health Insurance Portability and Accountability Act (“HIPAA”) and Personal Information Protection and Electronic Documents Act (PIPEDA) compliant third-party entities. Additionally, you agree that the Company may remotely access your system as necessary to maintain and ensure the effective functioning of the Software.During the period you are eligible for Subscription Services, the Company may, at its sole discretion, offer additional web-based training services. These additional services will be subject to the Company’s current policies. The Company reserves the right to discontinue any additional services or introduce new ones at any time, without any right to a refund or set-off.

ACCESSING THE SOFTWARE

Subject to these Terms of Use and your service agreement with the Company related to the Software (“Service Agreement”), the Company grants you a personal, limited, non-exclusive, non-transferable right to use the Software internally for your dental practice during your subscription period (“Subscription Period”). This right is limited to one fee schedule per [paid account authorized to access] the Software.The Company reserves the right to review your usage and, if your use of the Software exceeds reasonable limits in terms of messaging rate or data storage, may modify the technology, workflow, or fees associated with the Software. We reserve the right to withdraw or modify the Software, and any related services or content, at our sole discretion without notice. We will not be liable if all or any part of the Software is unavailable at any time or for any period. Periodically, we may restrict access to parts of or the entire Software.Your account is personal to you, and you agree not to share access to the Software or any part of it using your username, password, or other security information with anyone else. You agree to notify us immediately of any unauthorized access or use of your username or password or any other security breach. We have the right to disable any username, password, or other identifier at any time, at our sole discretion, for any reason, including if we believe you have violated any part of these Terms of Use.

INTELLECTUAL PROPERTY

The Software and Subscription Services, including all contents, features, and functionality (such as information, software, text, displays, images, video, audio, and their design, selection, and arrangement), are owned by the Company, its licensors, or other providers of such material. They are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws of Canada, the United States, and other countries.
You agree that no title to the intellectual property in the Software or Subscription Services is transferred to you. Except for the limited rights expressly granted to you by this Agreement, the Company and its licensors retain all rights, title, and interest, including all intellectual property rights, in and to the Software and Subscription Services. All rights not expressly granted to you by this Agreement are reserved by the Company. No rights are implied.

PROHIBITED USES OF THE SOFTWARE

You agree not to, directly or through others, engage in or attempt any of the following actions: (i) reverse engineer, decompile, or disassemble the Software, or otherwise derive or discover its source code; (ii) modify or create derivative works based on the Software, in whole or in part; (iii) remove any proprietary notices, legends, or labels from the Software; (iv) resell, lease, rent, transfer, sublicense, assign, or otherwise provide unauthorized access to the Software; (v) use the Software on behalf of third parties, whether in a service bureau, time-sharing arrangement, or otherwise; (vi) use the Software for litigation or practice valuation purposes, or for any other use not expressly permitted by your Service Agreement or these Terms of Use; or (vii) use the Software with more than one fee schedule per [paid account authorized to access] the Software. Any use of the Software in violation of this Section will immediately terminate your right to use the Software.

USE OF PATIENT INFORMATION

If you create, transmit, or display health or other information while using the Software, you must ensure that you only provide information that you own or have the right to use. By providing your or a patient’s information through the Software, you grant the Company a license to use and distribute it in connection with the Software. Health care providers must obtain consent before sharing information regarding treatment, payment, and health care operations. Separate patient authorizations are required for all non-routine disclosures and non-health-related purposes. Patients must have access to a history of all non-routine disclosures. FirstIn will track all sharing of patient data, and sharing logs will be provided upon request. Healthcare practitioners must take reasonable measures to ensure safeguards are in place to protect the privacy of patient data.

NO MEDICAL OR DENTAL ADVICE

The Company does not provide medical or dental advice. Any content accessed through the Software is intended for informational purposes only and should not be relied upon for any purpose, including but not limited to possible uses, directions, precautions, drug interactions, or adverse effects related to any product or service.

PERMISSION FOR LIMITED DATA SETS

The Company is permitted to create an aggregated “Limited Data Set” for purposes such as industry benchmarking reports. This data is compiled without disclosing specific patient or provider information. In accordance with the “Limited Data Sets” section of HIPAA and (PIPEDA) the Company may aggregate data to develop industry benchmarks, provided that no information identifying specific individuals is disclosed.

THIRD-PARTY SOFTWARE

Certain third-party software included with the Software may be subject to additional terms and conditions imposed by third-party licensors. If applicable, these terms and conditions can be found in the “About” pages of the Software. You agree to comply with all applicable terms and conditions imposed by these third-party licensors.

WARRANTY DISCLAIMER

The Company, its affiliates, and licensors make no warranties, whether statutory, express, or implied, regarding the Software or Subscription Services. The Software and Subscription Services are provided to you “as is” without any warranty of any kind. You acknowledge that you assume the entire risk as to the quality and performance of the Software or Subscription Services. The Company disclaims and excludes all warranties, whether express, implied, or statutory, including but not limited to the implied warranties of title, satisfactory quality, non-infringement of third-party rights, merchantability, and fitness for a particular purpose.
The Company does not warrant that the use of the Software or Subscription Services will meet your needs or requirements, be uninterrupted or error-free, that all defects or errors in the Software will be corrected, that any information or output provided by the Software will be accurate or complete, that the Software will work in all locations, or that the fees suggested by the Software will be accepted by all insurance companies. Certain features of the Software may not be available in or compatible with future versions.
The Company assumes no responsibility and shall not be liable for any action or inaction taken in reliance on the use of the Software. You agree not to use inflammatory, incendiary, inappropriate, or foul language, or take any actions that defame or negatively portray the Company or its affiliates in the marketplace.

CONSEQUENTIAL DAMAGES WAIVER

In no event shall the Company, its affiliates, or licensors be liable to you or any third party for any consequential, special, incidental, or indirect damages of any kind arising out of or related to the Software or Subscription Services or their use (including, but not limited to, damages or costs incurred due to loss of time, loss of data, loss of profits or revenue, loss of patients, decrease in profitability, or loss of use of the Software or Subscription Services, or other economic loss), regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages, and notwithstanding any failure of the essential purpose of your Service Agreement or these Terms of Use.

LIMITATION ON LIABILITY

In no event will the Company or its affiliates accept liability for any claim, whether for breach of contract or warranty, tort (including negligence), or otherwise, exceeding the annual subscription fee paid by you for the Software during the annual period in which the facts underlying the claim first arose, notwithstanding any failure of the essential purpose of your Service Agreement or these Terms of Use. At the end of the Subscription Period, you may only access and use the Software if you purchase additional subscriptions. You agree that the Company or its affiliates will not be liable for any damage you may suffer in connection with the termination of such Subscription Period and your inability to access and use the Software.
The limitations in these Terms of Use are comprehensive, and all examples are illustrative and not exhaustive. The fees and other provisions in your Service Agreement or these Terms of Use reflect the allocation of risks between the Company and you. This section and the consequential damages waiver section above are essential elements of the basis of the agreement between the Company and you.

TERMINATION

This Agreement shall remain in effect during the initial Subscription Period and each additional Subscription Period you purchase. Notwithstanding the foregoing, this Agreement will automatically terminate if you fail to comply with its terms. No notice from the Company is required to effect such termination. You may also terminate this Agreement at any time by notifying the Company in writing via (i) written correspondence to the corporate address below or (ii) email to [support@FirstIn.io] requesting termination.

GENERAL

If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the legality, validity, and enforceability of the remaining provisions shall not be affected or impaired. No term or provision of these Terms of Use will be considered waived by either party, nor will any breach be excused, unless such waiver or consent is in writing and signed by the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by the other party, whether express or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. The section titles in these Terms of Use are provided for convenience only and have no legal or contractual significance. These Terms of Use are prepared in English, which shall be the controlling language in all respects. Any translations of this Agreement into other languages are for reference only and have no legal effect.
These Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, as applied to agreements between Alberta residents entered into and performed entirely within Alberta. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree that these Terms of Use constitute the final and exclusive agreement between you and the Company regarding their subject matter, superseding all prior or contemporaneous understandings, agreements, proposals, or other communications, whether written or oral, relating to the subject matter of these Terms of Use.