Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:

Account means a unique account created for You to access our Service or parts of our Service.
Business Associate Agreement (BAA) means a contract between the Company and a covered entity (e.g., a dental practice) that governs the handling of Protected Health Information in compliance with HIPAA.
Country refers to: Utah, US
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Xperience U.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Protected Health Information (PHI) means individually identifiable health information, as defined by the Health Insurance Portability and Accountability Act (HIPAA), that is created, stored, transmitted, or received by the Service.
Service refers to the plug-and-play video messaging system and library, including the Website, accessible from https://www.xperience-u.com/, designed for dental teams to create, send, and track personalized video messages to boost revenue, retention, and patient trust.
Subscription means a recurring access plan to the Service, which may include features such as video recording, sending, tracking, and library access.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to Xperience U, accessible from https://www.xperience-u.com/.
You means the individual accessing or using the Service, or the company, or other legal entity (e.g., a dental practice) on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions and, if applicable, a Business Associate Agreement (BAA) with the Company. If You disagree with any part of these Terms and Conditions or the BAA, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information, including PHI, when You use the Service or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
HIPAA Compliance
As a business associate under the Health Insurance Portability and Accountability Act (HIPAA), the Company is committed to protecting the privacy and security of Protected Health Information (PHI) in compliance with HIPAA’s Privacy, Security, and Breach Notification Rules. The following provisions outline our HIPAA compliance obligations:

Business Associate Agreement (BAA): If You are a covered entity (e.g., a dental practice), You must execute a BAA with the Company prior to using the Service to create, store, or transmit PHI. The BAA outlines the Company’s responsibilities to safeguard PHI and comply with HIPAA regulations.
Safeguards for PHI: The Company implements administrative, physical, and technical safeguards to protect PHI, including:
Encryption: Electronic PHI (ePHI), such as patient videos or tracking data, is encrypted during transmission (e.g., via TLS/HTTPS) and at rest.
Access Controls: Role-based access and multi-factor authentication (MFA) ensure only authorized users can access PHI.
Audit Logging: The Service maintains audit logs to track access to and actions involving PHI.
Employee Training: Company staff are trained on HIPAA compliance to prevent unauthorized disclosures.


Use and Disclosure of PHI: The Company will only use or disclose PHI as permitted by the BAA, these Terms, or applicable law (e.g., for treatment, payment, or healthcare operations with Your consent). Use of PHI for marketing purposes (e.g., patient testimonial videos) requires You to obtain explicit patient authorization in compliance with HIPAA’s Privacy Rule.
Breach Notification: In the event of a breach of unsecured PHI, the Company will notify affected covered entities within 60 days, as required by HIPAA’s Breach Notification Rule, and cooperate in assessing and mitigating the breach.
Subcontractors: Any third-party subcontractors that handle PHI on behalf of the Company are bound by HIPAA-compliant agreements to ensure consistent protection of PHI.
Data Retention and Deletion: The Company maintains policies for the secure retention and deletion of PHI, ensuring compliance with applicable retention laws and secure disposal when PHI is no longer needed.
Your Responsibilities: You are responsible for:
Ensuring Your use of the Service complies with HIPAA, including obtaining patient authorizations for non-treatment-related uses of PHI (e.g., marketing).
Training Your staff on HIPAA-compliant use of the Service.
Ensuring that any PHI entered into the Service is necessary and appropriate for the intended purpose.


Compliance with Other Laws: You are responsible for compliance with any additional state or international privacy laws (e.g., CCPA, GDPR) that may apply to Your use of the Service.

For questions about our HIPAA compliance or to request a BAA, please contact us at colt@xperience-u.com.
Placing Orders for Subscriptions
By subscribing to the Service through the Website, You warrant that You are legally capable of entering into binding contracts and, if applicable, a BAA for the handling of PHI.
Your Information
If You wish to subscribe to the Service available on the Website, You may be asked to supply certain information relevant to Your Subscription, including, without limitation, Your name, Your email, Your phone number, Your payment method details, Your billing address, and information about Your dental practice. If You are a covered entity, You may also provide or input PHI, which will be handled in accordance with HIPAA and the BAA.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Subscription; (ii) the information You supply to us is true, correct, and complete; and (iii) any PHI You provide is done in compliance with HIPAA and applicable patient authorizations.
By submitting such information, You grant us the right to provide the information, including PHI, to payment processing or other third parties as necessary to facilitate Your Subscription, subject to the BAA and HIPAA requirements.
Order Cancellation
We reserve the right to refuse or cancel Your Subscription at any time for certain reasons, including but not limited to:

Service availability
Errors in the description or prices for the Service
Errors in Your Subscription request
Suspected non-compliance with HIPAA or the BAA

We reserve the right to refuse or cancel Your Subscription if fraud, unauthorized transactions, or violations of patient privacy laws are suspected.
Subscription Cancellation Rights
Any Subscription you purchase can only be canceled in accordance with these Terms and Conditions and Our Cancellation Policy.
Our Cancellation Policy forms a part of these Terms and Conditions. Please read our Cancellation Policy to learn more about your right to cancel Your Subscription.
Your right to cancel a Subscription only applies during the initial trial period or as specified in our Cancellation Policy. Subscriptions are generally non-refundable after the initial period, as the Service provides immediate access to digital content and features. You should therefore take reasonable care in evaluating the Service during any trial.
We will process any applicable refund no later than 14 days from the day on which We confirm cancellation eligibility. We will use the same means of payment as You used for the Subscription, and You will not incur any fees for such reimbursement.
You will not have any right to cancel a Subscription for the supply of digital content (such as access to the video system and library) if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of the Service on the Website. The features available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Service on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, feature descriptions, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting a Subscription.
The prices quoted may be revised by the Company subsequent to accepting a Subscription in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges (if applicable), higher foreign exchange costs, or any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Subscription.
Payments
All Subscriptions are subject to recurring payments as per the selected plan. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards, or online payment methods (e.g., PayPal). Subscriptions will automatically renew unless canceled.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Subscription access.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions involving PHI (e.g., patient testimonial videos), You must obtain appropriate patient authorizations in compliance with HIPAA.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times, including details about Your dental practice if required. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You must implement appropriate safeguards to prevent unauthorized access to PHI, such as using strong passwords and enabling MFA.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account or PHI.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features, and functionality—including the video library, recording tools, sending mechanisms, and tracking analytics—are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress, including "Xperience U" and related branding, may not be used in connection with any product or service without the prior written consent of the Company.
Any videos or content You create using the Service remains Your property, but You grant the Company a limited, HIPAA-compliant license to host, transmit, and process such content as necessary to provide the Service, subject to the BAA.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction. Feedback containing PHI will be handled in accordance with HIPAA and the BAA.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, including their compliance with HIPAA. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions, privacy policies, and HIPAA compliance statements of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions, misuse the video tools (e.g., for non-dental purposes), or violate patient privacy laws, including HIPAA.
Upon termination, Your right to use the Service will cease immediately, and access to any stored videos or PHI may be revoked in accordance with the BAA. If You wish to terminate Your Account, You may do so through Your account settings or by contacting Us, but You remain liable for any outstanding payments.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't subscribed to anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, including PHI, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Partners and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results (such as specific revenue or retention improvements), be compatible or work with any other software, applications, systems, or services (including dental practice management software), operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service (including tracking data); or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws, including those related to healthcare and patient data privacy (e.g., HIPAA, CCPA, GDPR).
Disputes Resolution
If You have any concern or dispute about the Service, including issues related to HIPAA compliance, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident, including GDPR if applicable to Your use of PHI.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Additionally, You agree to use the Service in compliance with all applicable healthcare regulations, including HIPAA.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Contact Us
If you have any questions about these Terms and Conditions or our HIPAA compliance, You can contact us by email: colt@xperience-u.com