Terms of Service

Effective Date: May 19, 2025

Welcome to Apparatus ("the Software"), provided by Alexander and Freeman LLC ("we," "us," or "our"). These Terms of Service ("ToS") govern your access to and use of the Software, a platform designed to provide analytics and operational tools for orthodontic practices. By accessing or using the Software, you ("User" or "you") agree to be bound by these ToS. If you do not agree, do not use the Software.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into these ToS on behalf of yourself or your organization (e.g., an orthodontic practice). By using the Software, you represent that you meet these requirements.

2. License and Access

License Grant: We grant you a non-exclusive, non-transferable, revocable license to use the Software for your internal business purposes, subject to these ToS and any applicable subscription agreement.
Restrictions: You may not:
- Copy, modify, distribute, or reverse-engineer the Software.
- Use the Software for unlawful purposes or in violation of these ToS.
- Share access credentials with unauthorized users.
- Attempt to bypass security measures or access restricted areas of the Software.

3. User Accounts

Account Creation: You must create an account to use the Software. You are responsible for providing accurate information and maintaining the confidentiality of your login credentials.
Account Security: You are responsible for all activities under your account. Notify us immediately at ryan@apparatus.works if you suspect unauthorized access.
Practice Responsibility: Orthodontic practices are responsible for ensuring their staff comply with these ToS.

4. Subscription and Payment

Subscription Plans: Access to the Software may require a paid subscription. Details of subscription plans, including fees and features, are available at app.alexanderandsons. consulting.
Payment: You agree to pay all applicable fees as outlined in your subscription agreement. Fees are non-refundable except as specified in our refund policy or required by law.
Renewal and Cancellation: Subscriptions may auto-renew unless canceled in accordance with our cancellation policy. You remain liable for fees incurred prior to cancellation.

5. Data and Privacy

User Data: You are responsible for the accuracy and legality of all data (including patient and practice data) uploaded to the Software. You represent that you have the necessary rights and consents to provide such data.
Compliance: You agree to comply with all applicable laws, including HIPAA (U.S.) or GDPR (EU), when using the Software. We act as a Business Associate under HIPAA and will enter into a Business Associate Agreement (BAA) with covered entities as needed.
Our Privacy Policy: Our collection, use, and protection of data are governed by our Privacy Policy. By using the Software, you agree to the terms of the Privacy Policy.

6. Intellectual Property

Our IP: The Software, including its code, design, and documentation, is owned by Alexander and Freeman LLC and protected by intellectual property laws. You may not use our trademarks, logos, or other proprietary materials without written consent.
Your Data: You retain ownership of data you upload to the Software. By uploading data, you grant us a worldwide, non-exclusive license to process and analyze it solely to provide and improve the Software’s services.

7. Acceptable Use

You agree to use the Software responsibly and not to:

Upload malicious code, viruses, or harmful content.
Use the Software to harm others or violate their rights.
Interfere with the Software’s operation or other users’ access.
Use the Software for non-orthodontic purposes without our consent.

8. Termination

By You: You may terminate your account by following the cancellation process in your subscription agreement.
By Us: We may suspend or terminate your access to the Software if you violate these ToS, fail to pay fees, or engage in unlawful activity. We will provide reasonable notice where feasible.
Effect of Termination: Upon termination, your license to use the Software ends, and you must cease all use. We may delete your data after a reasonable period, subject to legal requirements.

9. Disclaimers

As-Is: The Software is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Accuracy: While we strive to provide accurate analytics, we do not guarantee the accuracy, completeness, or reliability of the Software’s outputs. You are responsible for verifying results before making decisions.
Availability: We do not guarantee uninterrupted access to the Software and may perform maintenance or updates that temporarily limit access.

10. Limitation of Liability

To the maximum extent permitted by law, Alexander and Freeman LLC and its affiliates, officers, and employees will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Software, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold Alexander and Freeman LLC harmless from any claims, losses, or damages (including legal fees) arising from your use of the Software, your data, or your violation of these ToS or applicable laws.

12. Governing Law and Dispute Resolution

Governing Law: These ToS are governed by the laws of the United States of America, USA, without regard to conflict of law principles.
Disputes: Any disputes arising from these ToS will be resolved through binding arbitration in San Diego, California, under the rules of [e.g., American Arbitration Association]. You waive the right to participate in class actions.

13. Changes to These Terms

We may update these ToS to reflect changes in our practices or legal requirements. We will notify you of material changes via email or through the Software. Your continued use of the Software after such changes constitutes acceptance of the updated ToS.

14. Miscellaneous

Entire Agreement: These ToS, along with any subscription agreement and our Privacy Policy, constitute the entire agreement between you and Alexander and Freeman LLC regarding the Software.
Severability: If any provision of these ToS is found unenforceable, the remaining provisions will remain in effect.
Assignment: You may not assign these ToS without our consent. We may assign these ToS to a successor in connection with a merger, acquisition, or sale of assets.
No Waiver: Our failure to enforce any provision of these ToS does not constitute a waiver of that provision.

15. Contact Us

For questions or concerns about these ToS, contact us at:

Alexander and Freeman LLC
ryan@apparatus.works

(760) 539-6736