Open Dental Liability Information
These terms and conditions apply to the entire Open Dental Software program; all portions of the software contained therein; Open Dental LLC; and technical support offered by phone, email, and chat. These terms and conditions shall apply to any future portions of Open Dental Software unless otherwise stated.
The software is provided 'As Is' without representation, warranty, or guaranty of any kind, express or implied.
In no event will Open Dental Software be liable to the Customer for any lost profits, lost savings, or incidental, indirect, special, punitive, or consequential damages arising from the use or inability to use the product, even if Open Dental Software is advised of the possibility of such damages. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply. In any event, Open Dental's liability shall be limited to the amount paid to Open Dental for the software, if any.
Third Party Software
Open Dental is not liable for any incidental damages as a result of supporting third party software. Open Dental Software works with many third party softwares. We provide support for Open Dental Software in conjunction with these third parties to the best of our ability.
- Our support techs may change settings in third party programs to ensure operability with Open Dental Software. Open Dental cannot be held responsible for any resulting issues that may occur.
- You must be able to receive full technical support from any third party software you are using before we can assist in troubleshooting. This may mean that you are signed up for a support plan or have the full version of the third party software installed.
Open Dental cannot be held liable for any accidental data loss, database corruption, hardware failures, theft, or other disasters resulting in the loss of patient data. Each practice is responsible for their backup and recovery plan.
Backing up patient data is a HIPAA compliancy requirement. See Backing up Data.
Supplemental Services and Vendors
Many companies offer supplemental services or products that may complement or enhance Open Dental Software. We do not necessarily endorse any of these companies, nor do we provide technical support for their products or services.
Open Dental provides technical support for bridges that are programmed into Open Dental Software. Open Dental is not liable for any incidental damages as a result of supporting third party software. The scope of support we offer for program bridges is the same as any other third party software.
PHI and HIPAA
The responsibility for HIPAA compliance falls to each dental office. It is up to the dental office to make sure the practice is secure. Open Dental Software is a tool to help dental offices become HIPAA compliant.
Each practice participating in EHR is responsible for owning its EHR process. Open Dental technicians are not general EHR Incentive Program experts. We are experts on how to use Open Dental Software to enter required information and produce reports. Open Dental charges a fee for EHR training and each office must still own its EHR process.
You are responsible for ensuring a real-time antivirus solution is in place. Open Dental is not responsible for installing, maintaining, or troubleshooting your antivirus software. We suggest following the recommendation of your IT professional when choosing an antivirus program. See Virus Protection for more details.