‍Effective Date: July 1, 2026

This AI Services Addendum (“Addendum”) is incorporated into and subject to the Customer Terms of Service (“Terms”).  The Addendum applies to AI tools and features available and/or used in connection with your Subscription Services. Capitalized terms used in the Addendum but not defined in it are defined in the Terms. If there is a conflict between the Addendum and the Terms, the Addendum controls regarding the AI Services described herein.

• 1. DEFINITIONS

As used in this Addendum:

• “AI Output” means any content, data, response, summary, transcription, visualization, or other material generated by an AI Service in response to an Input, excluding the underlying AI models themselves. AI Output may not be unique to Customer, and identical or similar Output may be generated for other users of the applicable AI Service.

• “AI Receptionist” means the AI-powered, voice- and text-based automated receptionist feature that facilitates identity verification, appointment scheduling, and bill payment functions within defined parameters, as further described in Article 3.

• “AI Scheduling Tool” means the AI-powered scheduling automation feature that generates predictive recommendations regarding patient appointment acceptance likelihood and appointment adherence, as further described in Article 4.

• “AI Services” means, collectively, the AI Receptionist, the AI Scheduling Tool, Explorer, and such other AI powered tools and features as are made available to Customer in connection with Subscription Services.  “AI Service” means any one of the foregoing.

• “AI Vendor” means any third-party provider of artificial intelligence, machine learning, natural language processing, voice synthesis, or related technology that DI uses to deliver the AI Services, including without limitation ElevenLabs, Inc. in connection with the AI Receptionist.  DI may add, change, or remove AI Vendors from time to time in accordance with this Addendum.

• “Authorized AI User” means a User who has been expressly authorized by Customer to access and use a specific AI Service in accordance with this Addendum.

• “ElevenLabs Prohibited Use Policy” means ElevenLabs’ Prohibited Use Policy, available at https://elevenlabs.io/use-policy, as updated from time to time, and any equivalent acceptable use policies published by other AI Vendors, each of which is incorporated herein by reference to the extent applicable to the relevant AI Service.

• “End User” means a patient, patient guardian, or other individual who interacts with the AI Receptionist on Customer’s behalf.

• “Explorer” means the AI-powered analytics feature that enables Customer to prompt the system to generate performance metrics, visualizations, reports, and other analytical materials based on aggregated practice data, as further described in Article 5.

• “Input” means any data, content, audio, text, prompts, or other information submitted by Customer, Authorized AI Users, or End Users to an AI Service.

• “Patient Verification Protocol” has the meaning set forth in Section 3.2.

• “Predictive Output” means AI Output generated by the AI Scheduling Tool, consisting of predictions regarding an individual patient‘s likelihood of scheduling and adhering to appointments based on the patient’s past appointment scheduling and adherence. Predictive Output is probabilistic in nature and does not constitute a guarantee of patient behavior.

• “Prohibited Use Policy” means a prohibited use policy published by an AI Vendor which becomes incorporated into this Addendum or the Terms, to the extent applicable to the relevant AI Service.

• 2. GENERAL TERMS APPLICABLE TO ALL AI SERVICES

2.1  License and Permitted Use

Subject to the Terms and this Addendum, DI grants Customer a limited, non-exclusive, non-transferable license to access and use each AI Service included in your Subscription Service, solely for your own internal business purposes. Customer may permit its Authorized AI Users to access and use the AI Services on its behalf, and Customer is responsible for all acts and omissions of its Authorized AI Users.

2.2  Third-Party AI Vendor Dependency

AI Services may be provided by DI using technology from AI Vendors. Customer acknowledges and agrees that:

• The availability and functionality of the AI Services depend, at least in part, on AI Vendors over whom DI does not have complete control, and DI may update, replace, or remove an AI Vendor at any time.

• DI shall not be liable for any interruption, degradation, or discontinuation of an AI Service caused by an AI Vendor’s or other third party’s acts, omissions, or technical failures.

• Customer’s use of the AI Services constitutes Customer’s agreement to be bound by the applicable Prohibited Use Policies of the relevant AI Vendors, including the ElevenLabs Prohibited Use Policy, to the extent such policies apply to Customer’s use.

2.3  AI Output; Nature and Limitations

Customer acknowledges and agrees that:

• AI Output is generated by machine learning models and may contain errors, inaccuracies, or omissions. DI does not warrant that AI Output will be accurate, complete, current, or error-free.

• AI Output does not constitute professional, medical, dental, legal, financial, or other licensed professional advice. Customer is solely responsible for how it uses AI Output in its practice.

• AI Output may not be unique. Identical or similar Output may be generated for other customers of DI or users of the underlying AI Vendor’s services. DI does not represent or warrant that any AI Output is exclusive to Customer.

• AI Output generated for other customers does not belong to Customer, and Customer shall have no rights in such Output.

2.4  Prohibited Uses — All AI Services

Customer and its Authorized AI Users shall not, and Customer shall ensure that its Authorized Users and End Users do not:

• Use any AI Output to develop, train, fine-tune, or otherwise improve any artificial intelligence or machine learning model that competes with the AI Services.

• Reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code, underlying models, algorithms, or systems of any AI Service or AI Vendor technology (“Reverse Engineer”).

• Use any AI Service in any manner that violates an applicable Prohibited Use Policy, including the ElevenLabs Prohibited Use Policy.

• Use any AI Service in a manner that violates any applicable federal, state, or local law, regulation, or rule, including without limitation HIPAA, HITECH, TCPA, and applicable consumer protection and privacy laws.

• Attempt to exceed, override, circumvent, or manipulate the AI Services’ scope limitations or the Patient Verification Protocol described in Article 3.

• Use an AI Service to generate, transmit, or disseminate content that is false, misleading, harassing, defamatory, or otherwise unlawful.

• Share, resell, or sublicense access to an AI Service to any third party, except as expressly permitted in this Addendum or an applicable Order.

2.5  ElevenLabs as Third-Party Beneficiary

With respect to any AI Service powered by ElevenLabs, ElevenLabs, Inc. is an express third-party beneficiary of this Addendum and the Terms solely for purposes of enforcing Customer’s and DI’s rights with respect to End Users and Authorized AI Users. Customer acknowledges and agrees that ElevenLabs may enforce the Terms of this Addendum directly against Customer to the extent necessary to protect ElevenLabs’ rights under its agreement with DI.

2.6  Changes to AI Services

DI may modify, update, or discontinue any AI Service at any time, including as required by an AI Vendor. DI will provide Customer with reasonable advance notice of any modification that results in a material reduction in the functionality of an AI Service. Customer acknowledges that continued use of an AI Service after the effective date of such modification constitutes acceptance of the change. DI shall have no liability for any modification or discontinuation of an AI Service caused by an AI Vendor’s technical requirements, including any required transitions to updated API versions.

• 3. AI RECEPTIONIST

3.1  Description and Permitted Functions

The AI Receptionist is an automated, AI-powered voice and/or text-based system that performs the following functions on Customer’s behalf, and no others without human involvement:

• Verifying the identity of an End User using the Patient Verification Protocol (Section 3.2);

• Once verification is confirmed, providing the End User with available appointment times for the practice;

• Facilitating appointment scheduling within the Subscription Service; and

• Providing the End User with a secure link to pay outstanding balances through DI’s billing platform.

Any End User request that falls outside these four functions must be escalated to a human practice representative. The AI Receptionist will not provide clinical advice, diagnoses, treatment recommendations, insurance benefit determinations, or any other information requiring licensed professional judgment.

3.2  Patient Verification Protocol

Prior to providing any appointment information or payment links to an End User, the AI Receptionist will implement the following verification steps (“Patient Verification Protocol”):

• Collect the End User’s first and last name as it appears in Customer’s practice management system;

• Collect the End User’s date of birth;

• Cross-reference the provided name and date of birth against the data in Customer’s connected practice management system; and

• Upon confirmation of a match, transmit a one-time verification code to the mobile telephone number on file for the matched patient record, and confirm that the End User has received and provided the correct code before proceeding.

Customer acknowledges that the Patient Verification Protocol is not a guarantee of identity authentication and does not constitute a HIPAA-compliant patient authorization for purposes of disclosing Protected Health Information beyond the limited functions described in Section 3.1. Customer is solely responsible for ensuring that the Patient Verification Protocol is sufficient for its applicable regulatory and contractual requirements.

3.3  AI Agent Disclosure and Human Handoff Requirement

It is Customer’s sole responsibility to disclose to the End User that it will be interacting with an AI agent, not a human, and to ensure that: (i) a qualified human practice representative is available when the AI Receptionist is active in order to receive escalated interactions; or (ii) to provide a legally compliant alternative. The AI Receptionist should present the End User with a clear option to reach a human representative at any point during the interaction. Customer is solely responsible for staffing and operational decisions related to human availability and handoff procedures.

3.4  Voice and Audio; ElevenLabs-Specific Obligations

Because the AI Receptionist uses voice synthesis technology provided by ElevenLabs, the following additional terms apply:

• Customer is responsible for its compliance with laws applicable their use of the AI Receptionist, including any obligations to provide disclosures to End Users that they will be/are interacting with an AI agent, not a human.

• Customer represents and warrants that it has all legally required consents, notices, and authorizations to submit any Input (including any audio, voice recordings, or other personal data) to the AI Receptionist for processing.

• To the extent any Input submitted to the AI Receptionist contains the voice, name, likeness, or biometric data of any individual, Customer represents and warrants that it has obtained valid written consent, release, or permission from each such individual to permit the inclusion and processing of such data as contemplated by this Addendum and the Terms.

• Customer shall not submit Input containing voice, audio, or biometric data of any individual under the age of 13 without verifiable parental consent sufficient to comply with COPPA and any other applicable law.

• Customer shall immediately update the End User’s consent status in the Subscription Services if any individual revokes consent to voice or audio processing. Following such notification, Customer shall not permit that individual’s voice or audio data to be submitted as Input to the AI Receptionist.

3.5  SMS and Telephone Communications

The verification code functionality described in Section 3.2 constitutes electronic communication subject to the Telephone Consumer Protection Act (“TCPA”), applicable state autodialer laws, and DI’s SMS Volume Limits and Pricing Policy. Customer represents and warrants that:

• All telephone numbers submitted for use with the AI Receptionist verification function are on file with Customer’s practice and are associated with individuals who have provided legally sufficient consent to receive automated text messages from or on behalf of Customer;

• Customer will immediately update an End User’s consent status in the Subscription Services if any individual revokes consent to receive text messages, and will remove that individual’s telephone number from the AI Receptionist’s verification function; and

• Customer assumes full responsibility and liability for compliance with TCPA and all applicable state and local laws governing automated text communications, and shall indemnify DI for any claims arising from Customer’s failure to obtain or maintain required consents.

The use of the verification code function is subject to the SMS Volume Limits and Pricing Policy incorporated into the Terms and may result in additional fees.

3.6  PHI and the AI Receptionist

Customer acknowledges that interactions between End Users and the AI Receptionist may involve Protected Health Information (“PHI”) as defined by HIPAA. Customer agrees that:

• The AI Receptionist shall not be used to disclose PHI beyond the scope of the functions set forth in Section 3.1 (appointment availability and payment links) and the identity verification functions in Section 3.2.

• Customer shall not configure, customize, or use the AI Receptionist in any manner that would result in the disclosure of PHI to any unauthorized party or in a manner inconsistent with the Business Associate Agreement (“BAA”) incorporated into the Terms.

• 4. AI SCHEDULING TOOL

4.1  Description

The AI Scheduling Tool uses predictive analytics applied to Customer’s aggregated and patient historical scheduling and appointment adherence data to generate Predictive Output, including:

• Predictions regarding the relative likelihood that individual patients will accept an invitation for an available appointment opening (“Acceptance Likelihood Score”); and

• Predictions regarding the relative likelihood that a scheduled patient will keep a scheduled appointment (“Adherence Likelihood Score”).

These scores are intended to help Customer prioritize outreach and scheduling workflows. They are probabilistic estimates based on historical patterns and do not represent guarantees of patient behavior.

4.2  Permitted Use of Predictive Output

Customer may use Predictive Output solely for the purpose of:

• Prioritizing which patients to contact first when an appointment opening becomes available; and

• Allocating internal scheduling resources and follow-up workflows.

Customer shall not use Predictive Output as the sole basis for any decision that materially and adversely affects a patient’s access to care, including but not limited to refusing to offer an appointment to a patient or canceling a scheduled appointment based on a low Adherence Likelihood Score.

4.3  Limitations and Disclaimers

Customer acknowledges and agrees that:

• Predictive Output is generated by machine learning models and reflects statistical patterns in historical data. It does not account for individual patient circumstances, preferences, or any factor not present in Customer’s historical data.

• DI does not warrant the accuracy, completeness, or fitness for any particular purpose of any Predictive Output.

• Customer assumes all responsibility for how it uses Predictive Output in its clinical and operational decisions.

• Predictive Output shall not be used in any manner that constitutes unlawful discrimination against patients on the basis of any protected characteristic under applicable federal or state law.

4.4  Data Used by AI Scheduling Tool

The AI Scheduling Tool operates on aggregated and de-identified scheduling, appointment history, and operational data associated with Customer’s practice as well as relevant patient’s appointment adherence history with Customer. The AI Scheduling Tool does not access, process, or use underlying clinical records, treatment notes, diagnoses, or patient-level PHI beyond what is strictly necessary to generate scheduling predictions. All data processed by the AI Scheduling Tool is governed by the DI Privacy Policy and, to the extent applicable, the BAA incorporated into the Terms.

• 5. EXPLORER

5.1  Description

Explorer enables Authorized AI Users to submit natural language prompts to query and analyze practice performance data maintained in the Subscription Service, and to generate AI Output in the form of:

• Performance metrics summaries for the practice as a whole or by provider;

• Potential revenue opportunities;  

• Comparative analytics against applicable benchmarks;

• Visualizations, charts, graphs, and other graphical representations of practice or provider performance data; and

• Narrative reports, presentations, and other materials derived from such data.

5.2  Ownership of Analytics Output

As between DI and Customer, Customer owns all right, title, and interest in and to any AI Output generated specifically for Customer by Explorer (“Analytics Output”), subject to DI’s ownership of the underlying Subscription Service, data models, and algorithms used to generate such output, and subject to the limitations set forth in this Addendum. Customer may use Analytics Output for its own internal business purposes. Customer shall not represent Analytics Output as independent, third-party validated data or publish Analytics Output in any manner that would reasonably be understood to suggest DI has certified or endorsed any specific finding or conclusion.

5.3  Prompt Responsibility

Customer is solely responsible for the prompts it or its Authorized AI Users submit to Explorer. Customer shall not submit prompts designed to:

• Circumvent, disable, or manipulate Explorer’s security controls, access restrictions, role-based permissions, or data governance configurations;

• Extract or reconstruct individual patient-level data from aggregated output;

• Generate misleading metrics or manipulate practice performance representations for any fraudulent purpose; or

• Reproduce or infringe any third-party intellectual property.

• 6. CUSTOMER WARRANTIES AND REPRESENTATIONS

In addition to the representations and warranties set forth in Section 11 of the Terms, Customer represents and warrants to DI that, as of the Effective Date and on a continuing basis throughout the Term:

6.1  Input Rights

Customer either owns or has obtained all necessary rights, licenses, consents, and authorizations to submit Input to the AI Services and to authorize DI and its AI Vendors to process such Input as contemplated by this Addendum. Customer’s submission of Input does not and will not violate any third-party intellectual property, privacy, or personality rights.

6.2  Voice and Likeness Consents

To the extent any Input submitted to the AI Receptionist includes or incorporates the voice, audio recording, biometric data, or other identifying characteristic of any natural person (including any End User), Customer has obtained and will maintain valid, legally sufficient written consent from each such individual permitting (a) Customer to collect and submit such data to DI; and (b) DI to share such data with its AI Vendors for processing in connection with the AI Receptionist.

6.3  Communications Consents

Customer has obtained all legally required consents and authorizations to send automated text messages, including verification codes, to each End User’s telephone number via the AI Receptionist, and will maintain records of such consents as required by applicable law.

6.4  Compliance with Applicable Law

Customer will use each AI Service in full compliance with all applicable federal, state, and local laws and regulations, including without limitation: HIPAA and HITECH; the Telephone Consumer Protection Act and applicable state equivalents; applicable state consumer privacy laws (including Texas privacy law); the Americans with Disabilities Act with respect to accessibility of automated communications; and any other law applicable to the operation of Customer’s dental practice.

6.5  Patient Notification

Customer will implement and maintain a patient-facing notice (such as a Privacy Notice, Patient Rights Notice, or equivalent disclosure) that accurately describes the use of AI-powered tools in Customer’s practice, the categories of data processed by such tools, and any patient rights applicable under law. Customer shall provide DI with evidence of such notice upon request.

6.6  No Overrepresentation of AI Capabilities

Customer will not represent to End Users or any third party that the AI Receptionist has capabilities beyond those described in Article 3, including clinical decision-making, eligibility determination, or insurance authorization functions. Customer will ensure that End Users are made aware that they are interacting with an automated AI-powered system.

• 7. INDEMNIFICATION

7.1  Customer Indemnification

In addition to Customer’s indemnification obligations under Section 13 of the Terms, Customer will indemnify, defend, and hold harmless DI, its affiliates, officers, directors, employees, contractors, and AI Vendors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any breach by Customer, its Authorized AI Users, or any End User of this Addendum or the Terms;

• Customer’s failure to obtain or maintain any consent required under Article 6, including consents related to voice, likeness, biometric data, or automated text communications;

• Any unauthorized, improper, or unlawful use of the AI Services by Customer, its Authorized AI Users, or any End User;

• Any claim brought by an End User, patient, or third party arising from Customer’s use of AI Output or Customer’s configuration or operation of the AI Receptionist;

• Customer’s violation of any applicable prohibited use policy, including the ElevenLabs Prohibited Use Policy; and

• Any claim by ElevenLabs or any other AI Vendor arising from Customer’s or its Authorized Users or End Users’ breach of the Terms of this Addendum that are flowed down from DI’s agreement with such AI Vendor.

7.2  DI Indemnification

DI’s indemnification obligations with respect to the AI Services are limited to the indemnification obligations set forth in Section 13 of the Terms and do not extend to any claims arising from: (a) Input or AI Output derived from Input; (b) Customer’s modification or misuse of AI Output; (c) Customer’s failure to implement the Patient Verification Protocol as required; or (d) the products, services, or acts of any AI Vendor.

• 8. AI SERVICES SPECIFIC DISCLAIMERS AND LIMITATION OF LIABILITY

8.1  AI-Services Specific Disclaimers and Limitation of Liability

IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THE TERMS, THE AI SERVICES, INCLUDING ALL AI OUTPUT, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AI SERVICES AND AI OUTPUT, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE. AI OUTPUT DOES NOT CONSTITUTE PROFESSIONAL MEDICAL, DENTAL, LEGAL, OR OTHER LICENSED PROFESSIONAL ADVICE, AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE OF AI OUTPUT IN ITS PRACTICE OPERATIONS.

8.2  No Guarantee of Vendor Availability

DI DOES NOT WARRANT THAT ANY AI VENDOR TECHNOLOGY USED TO PROVIDE THE AI SERVICES WILL BE CONTINUOUSLY AVAILABLE OR FREE FROM INTERRUPTION. DI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF AN AI VENDOR’S SERVICES.

8.3  Limitation

The limitations of liability set forth in Section 12 of the Terms apply in full to the AI Services and to any claims arising from AI Output, including without limitation any claims arising from the AI Receptionist’s interaction with End Users or any claim arising from Predictive Output generated by the AI Scheduling Tool.

• 9. INTELLECTUAL PROPERTY

9.1  DI and AI Vendor Ownership

DI and its AI Vendors retain all right, title, and interest in and to the AI Services, including all underlying models, algorithms, software, and technology. Nothing in this Addendum grants Customer any ownership interest in the AI Services or any AI Vendor technology.

9.2  Customer Ownership of Input and Output

As between DI and Customer, and subject to Section 9.1 and the limitations set forth in this Addendum:

• Customer owns all right, title, and interest in and to Input submitted by Customer or its Authorized AI Users; and

• Customer owns all AI Output generated specifically for Customer, including Analytics Output as described in Section 5.2.

The foregoing ownership rights are subject to DI’s license to use Customer Data as set forth in the Terms, and to AI Vendors’ rights to use Input and Output as set forth in their applicable Terms (which do not include using Customer Data for training purposes without Customer’s separate consent).

9.3  Restrictions on Use of AI Output

Notwithstanding Customer’s ownership of AI Output, Customer shall not:

• Use AI Output to develop, train, or improve any artificial intelligence or machine learning model that competes with DI’s or any AI Vendor’s products or services;

• Represent AI Output as the work product of a licensed dental, medical, legal, or financial professional without appropriate independent professional review; or

• Use AI Output in any manner that violates this Addendum, the Terms, any applicable prohibited use policy, including the ElevenLabs Prohibited Use Policy, or applicable law.

• 10. DATA PRIVACY

10.1  Governing Framework

All Customer Data, PHI, and Personal Information processed in connection with the AI Services is subject to the DI Privacy Policy, the BAA incorporated into the Terms, and this Article 10. In the event of any conflict between this Article 10 and the BAA with respect to PHI, the BAA controls.

10.2  PHI Restrictions

Except as expressly permitted by an applicable BAA covering the relevant processing activity, Customer shall not submit PHI as Input to any AI Service. Customer acknowledges that DI’s AI Vendors may be located in jurisdictions outside the United States and that DI will use commercially reasonable contractual and technical measures to restrict AI Vendor access to PHI consistent with HIPAA requirements.

• 11. GENERAL PROVISIONS

11.1  Relationship to Terms

This Addendum is incorporated into and governed by the Terms. All provisions of the Terms not modified by this Addendum continue to apply in full, including without limitation the provisions regarding Confidential Information, Fees, Term and Termination, Governing Law, and Limitation of Liability. Customer’s obligations under this Addendum are in addition to, and not in lieu of, Customer’s obligations under the Terms.

11.2  Order of Precedence

In the event of any conflict or inconsistency between this Addendum and the Terms with respect to the AI Services, this Addendum controls. In the event of any conflict between this Addendum and an applicable Order with respect to a specific AI Service, the Order controls.

11.3  Updates to this Addendum

DI may update this Addendum from time to time, including as required by changes to AI Vendor requirements, applicable law, or DI’s product offerings. DI will provide Customer with notice of any material update to this Addendum in accordance with Section 17(a) of the Terms. Customer’s continued use of any AI Service following the effective date of any such update constitutes Customer’s acceptance of the updated Addendum.

11.4  Survival

Any provision of this Addendum that by its nature is intended to survive termination, will survive any expiration or termination of the Terms or the applicable Order.

11.5  Severability

If any provision of this Addendum is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Addendum will otherwise remain in full force and effect.

‍

‍Effective Date: July 1, 2026

This AI Services Addendum (“Addendum”) is incorporated into and subject to the Customer Terms of Service (“Terms”).  The Addendum applies to AI tools and features available and/or used in connection with your Subscription Services. Capitalized terms used in the Addendum but not defined in it are defined in the Terms. If there is a conflict between the Addendum and the Terms, the Addendum controls regarding the AI Services described herein.

1. 1. DEFINITIONS

As used in this Addendum:

• “AI Output” means any content, data, response, summary, transcription, visualization, or other material generated by an AI Service in response to an Input, excluding the underlying AI models themselves. AI Output may not be unique to Customer, and identical or similar Output may be generated for other users of the applicable AI Service.

• “AI Receptionist” means the AI-powered, voice- and text-based automated receptionist feature that facilitates identity verification, appointment scheduling, and bill payment functions within defined parameters, as further described in Article 3.

• “AI Scheduling Tool” means the AI-powered scheduling automation feature that generates predictive recommendations regarding patient appointment acceptance likelihood and appointment adherence, as further described in Article 4.

• “AI Services” means, collectively, the AI Receptionist, the AI Scheduling Tool, Explorer, and such other AI powered tools and features as are made available to Customer in connection with Subscription Services.  “AI Service” means any one of the foregoing.

• “AI Vendor” means any third-party provider of artificial intelligence, machine learning, natural language processing, voice synthesis, or related technology that DI uses to deliver the AI Services, including without limitation ElevenLabs, Inc. in connection with the AI Receptionist.  DI may add, change, or remove AI Vendors from time to time in accordance with this Addendum.

• “Authorized AI User” means a User who has been expressly authorized by Customer to access and use a specific AI Service in accordance with this Addendum.

• “ElevenLabs Prohibited Use Policy” means ElevenLabs’ Prohibited Use Policy, available at https://elevenlabs.io/use-policy, as updated from time to time, and any equivalent acceptable use policies published by other AI Vendors, each of which is incorporated herein by reference to the extent applicable to the relevant AI Service.

• “End User” means a patient, patient guardian, or other individual who interacts with the AI Receptionist on Customer’s behalf.

• “Explorer” means the AI-powered analytics feature that enables Customer to prompt the system to generate performance metrics, visualizations, reports, and other analytical materials based on aggregated practice data, as further described in Article 5.

• “Input” means any data, content, audio, text, prompts, or other information submitted by Customer, Authorized AI Users, or End Users to an AI Service.

• “Patient Verification Protocol” has the meaning set forth in Section 3.2.

• “Predictive Output” means AI Output generated by the AI Scheduling Tool, consisting of predictions regarding an individual patient‘s likelihood of scheduling and adhering to appointments based on the patient’s past appointment scheduling and adherence. Predictive Output is probabilistic in nature and does not constitute a guarantee of patient behavior.

• “Prohibited Use Policy” means a prohibited use policy published by an AI Vendor which becomes incorporated into this Addendum or the Terms, to the extent applicable to the relevant AI Service.

2. GENERAL TERMS APPLICABLE TO ALL AI SERVICES

2.1  License and Permitted Use

Subject to the Terms and this Addendum, DI grants Customer a limited, non-exclusive, non-transferable license to access and use each AI Service included in your Subscription Service, solely for your own internal business purposes. Customer may permit its Authorized AI Users to access and use the AI Services on its behalf, and Customer is responsible for all acts and omissions of its Authorized AI Users.

2.2  Third-Party AI Vendor Dependency

AI Services may be provided by DI using technology from AI Vendors. Customer acknowledges and agrees that:

• The availability and functionality of the AI Services depend, at least in part, on AI Vendors over whom DI does not have complete control, and DI may update, replace, or remove an AI Vendor at any time.

• DI shall not be liable for any interruption, degradation, or discontinuation of an AI Service caused by an AI Vendor’s or other third party’s acts, omissions, or technical failures.

• Customer’s use of the AI Services constitutes Customer’s agreement to be bound by the applicable Prohibited Use Policies of the relevant AI Vendors, including the ElevenLabs Prohibited Use Policy, to the extent such policies apply to Customer’s use.

2.3  AI Output; Nature and Limitations

Customer acknowledges and agrees that:

• AI Output is generated by machine learning models and may contain errors, inaccuracies, or omissions. DI does not warrant that AI Output will be accurate, complete, current, or error-free.

• AI Output does not constitute professional, medical, dental, legal, financial, or other licensed professional advice. Customer is solely responsible for how it uses AI Output in its practice.

• AI Output may not be unique. Identical or similar Output may be generated for other customers of DI or users of the underlying AI Vendor’s services. DI does not represent or warrant that any AI Output is exclusive to Customer.

• AI Output generated for other customers does not belong to Customer, and Customer shall have no rights in such Output.

2.4  Prohibited Uses — All AI Services

Customer and its Authorized AI Users shall not, and Customer shall ensure that its Authorized Users and End Users do not:

• Use any AI Output to develop, train, fine-tune, or otherwise improve any artificial intelligence or machine learning model that competes with the AI Services.

• Reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code, underlying models, algorithms, or systems of any AI Service or AI Vendor technology (“Reverse Engineer”).

• Use any AI Service in any manner that violates an applicable Prohibited Use Policy, including the ElevenLabs Prohibited Use Policy.

• Use any AI Service in a manner that violates any applicable federal, state, or local law, regulation, or rule, including without limitation HIPAA, HITECH, TCPA, and applicable consumer protection and privacy laws.

• Attempt to exceed, override, circumvent, or manipulate the AI Services’ scope limitations or the Patient Verification Protocol described in Article 3.

• Use an AI Service to generate, transmit, or disseminate content that is false, misleading, harassing, defamatory, or otherwise unlawful.

• Share, resell, or sublicense access to an AI Service to any third party, except as expressly permitted in this Addendum or an applicable Order.

2.5  ElevenLabs as Third-Party Beneficiary

With respect to any AI Service powered by ElevenLabs, ElevenLabs, Inc. is an express third-party beneficiary of this Addendum and the Terms solely for purposes of enforcing Customer’s and DI’s rights with respect to End Users and Authorized AI Users. Customer acknowledges and agrees that ElevenLabs may enforce the Terms of this Addendum directly against Customer to the extent necessary to protect ElevenLabs’ rights under its agreement with DI.

2.6  Changes to AI Services

DI may modify, update, or discontinue any AI Service at any time, including as required by an AI Vendor. DI will provide Customer with reasonable advance notice of any modification that results in a material reduction in the functionality of an AI Service. Customer acknowledges that continued use of an AI Service after the effective date of such modification constitutes acceptance of the change. DI shall have no liability for any modification or discontinuation of an AI Service caused by an AI Vendor’s technical requirements, including any required transitions to updated API versions.

3. AI RECEPTIONIST

3.1  Description and Permitted Functions

The AI Receptionist is an automated, AI-powered voice and/or text-based system that performs the following functions on Customer’s behalf, and no others without human involvement:

• Verifying the identity of an End User using the Patient Verification Protocol (Section 3.2);

• Once verification is confirmed, providing the End User with available appointment times for the practice;

• Facilitating appointment scheduling within the Subscription Service; and

• Providing the End User with a secure link to pay outstanding balances through DI’s billing platform.

Any End User request that falls outside these four functions must be escalated to a human practice representative. The AI Receptionist will not provide clinical advice, diagnoses, treatment recommendations, insurance benefit determinations, or any other information requiring licensed professional judgment.

3.2  Patient Verification Protocol

Prior to providing any appointment information or payment links to an End User, the AI Receptionist will implement the following verification steps (“Patient Verification Protocol”):

• Collect the End User’s first and last name as it appears in Customer’s practice management system;

• Collect the End User’s date of birth;

• Cross-reference the provided name and date of birth against the data in Customer’s connected practice management system; and

• Upon confirmation of a match, transmit a one-time verification code to the mobile telephone number on file for the matched patient record, and confirm that the End User has received and provided the correct code before proceeding.

Customer acknowledges that the Patient Verification Protocol is not a guarantee of identity authentication and does not constitute a HIPAA-compliant patient authorization for purposes of disclosing Protected Health Information beyond the limited functions described in Section 3.1. Customer is solely responsible for ensuring that the Patient Verification Protocol is sufficient for its applicable regulatory and contractual requirements.

3.3  AI Agent Disclosure and Human Handoff Requirement

It is Customer’s sole responsibility to disclose to the End User that it will be interacting with an AI agent, not a human, and to ensure that: (i) a qualified human practice representative is available when the AI Receptionist is active in order to receive escalated interactions; or (ii) to provide a legally compliant alternative. The AI Receptionist should present the End User with a clear option to reach a human representative at any point during the interaction. Customer is solely responsible for staffing and operational decisions related to human availability and handoff procedures.

3.4  Voice and Audio; ElevenLabs-Specific Obligations

Because the AI Receptionist uses voice synthesis technology provided by ElevenLabs, the following additional terms apply:

• Customer is responsible for its compliance with laws applicable their use of the AI Receptionist, including any obligations to provide disclosures to End Users that they will be/are interacting with an AI agent, not a human.

• Customer represents and warrants that it has all legally required consents, notices, and authorizations to submit any Input (including any audio, voice recordings, or other personal data) to the AI Receptionist for processing.

• To the extent any Input submitted to the AI Receptionist contains the voice, name, likeness, or biometric data of any individual, Customer represents and warrants that it has obtained valid written consent, release, or permission from each such individual to permit the inclusion and processing of such data as contemplated by this Addendum and the Terms.

• Customer shall not submit Input containing voice, audio, or biometric data of any individual under the age of 13 without verifiable parental consent sufficient to comply with COPPA and any other applicable law.

• Customer shall immediately update the End User’s consent status in the Subscription Services if any individual revokes consent to voice or audio processing. Following such notification, Customer shall not permit that individual’s voice or audio data to be submitted as Input to the AI Receptionist.

3.5  SMS and Telephone Communications

The verification code functionality described in Section 3.2 constitutes electronic communication subject to the Telephone Consumer Protection Act (“TCPA”), applicable state autodialer laws, and DI’s SMS Volume Limits and Pricing Policy. Customer represents and warrants that:

• All telephone numbers submitted for use with the AI Receptionist verification function are on file with Customer’s practice and are associated with individuals who have provided legally sufficient consent to receive automated text messages from or on behalf of Customer;

• Customer will immediately update an End User’s consent status in the Subscription Services if any individual revokes consent to receive text messages, and will remove that individual’s telephone number from the AI Receptionist’s verification function; and

• Customer assumes full responsibility and liability for compliance with TCPA and all applicable state and local laws governing automated text communications, and shall indemnify DI for any claims arising from Customer’s failure to obtain or maintain required consents.

The use of the verification code function is subject to the SMS Volume Limits and Pricing Policy incorporated into the Terms and may result in additional fees.

3.6  PHI and the AI Receptionist

Customer acknowledges that interactions between End Users and the AI Receptionist may involve Protected Health Information (“PHI”) as defined by HIPAA. Customer agrees that:

• The AI Receptionist shall not be used to disclose PHI beyond the scope of the functions set forth in Section 3.1 (appointment availability and payment links) and the identity verification functions in Section 3.2.

• Customer shall not configure, customize, or use the AI Receptionist in any manner that would result in the disclosure of PHI to any unauthorized party or in a manner inconsistent with the Business Associate Agreement (“BAA”) incorporated into the Terms.

4. AI SCHEDULING TOOL

4.1  Description

The AI Scheduling Tool uses predictive analytics applied to Customer’s aggregated and patient historical scheduling and appointment adherence data to generate Predictive Output, including:

• Predictions regarding the relative likelihood that individual patients will accept an invitation for an available appointment opening (“Acceptance Likelihood Score”); and

• Predictions regarding the relative likelihood that a scheduled patient will keep a scheduled appointment (“Adherence Likelihood Score”).

These scores are intended to help Customer prioritize outreach and scheduling workflows. They are probabilistic estimates based on historical patterns and do not represent guarantees of patient behavior.

4.2  Permitted Use of Predictive Output

Customer may use Predictive Output solely for the purpose of:

• Prioritizing which patients to contact first when an appointment opening becomes available; and

• Allocating internal scheduling resources and follow-up workflows.

Customer shall not use Predictive Output as the sole basis for any decision that materially and adversely affects a patient’s access to care, including but not limited to refusing to offer an appointment to a patient or canceling a scheduled appointment based on a low Adherence Likelihood Score.

4.3  Limitations and Disclaimers

Customer acknowledges and agrees that:

• Predictive Output is generated by machine learning models and reflects statistical patterns in historical data. It does not account for individual patient circumstances, preferences, or any factor not present in Customer’s historical data.

• DI does not warrant the accuracy, completeness, or fitness for any particular purpose of any Predictive Output.

• Customer assumes all responsibility for how it uses Predictive Output in its clinical and operational decisions.

• Predictive Output shall not be used in any manner that constitutes unlawful discrimination against patients on the basis of any protected characteristic under applicable federal or state law.

4.4  Data Used by AI Scheduling Tool

The AI Scheduling Tool operates on aggregated and de-identified scheduling, appointment history, and operational data associated with Customer’s practice as well as relevant patient’s appointment adherence history with Customer. The AI Scheduling Tool does not access, process, or use underlying clinical records, treatment notes, diagnoses, or patient-level PHI beyond what is strictly necessary to generate scheduling predictions. All data processed by the AI Scheduling Tool is governed by the DI Privacy Policy and, to the extent applicable, the BAA incorporated into the Terms.

5. EXPLORER

5.1  Description

Explorer enables Authorized AI Users to submit natural language prompts to query and analyze practice performance data maintained in the Subscription Service, and to generate AI Output in the form of:

• Performance metrics summaries for the practice as a whole or by provider;

• Potential revenue opportunities;  

• Comparative analytics against applicable benchmarks;

• Visualizations, charts, graphs, and other graphical representations of practice or provider performance data; and

• Narrative reports, presentations, and other materials derived from such data.

5.2  Ownership of Analytics Output

As between DI and Customer, Customer owns all right, title, and interest in and to any AI Output generated specifically for Customer by Explorer (“Analytics Output”), subject to DI’s ownership of the underlying Subscription Service, data models, and algorithms used to generate such output, and subject to the limitations set forth in this Addendum. Customer may use Analytics Output for its own internal business purposes. Customer shall not represent Analytics Output as independent, third-party validated data or publish Analytics Output in any manner that would reasonably be understood to suggest DI has certified or endorsed any specific finding or conclusion.

5.3  Prompt Responsibility

Customer is solely responsible for the prompts it or its Authorized AI Users submit to Explorer. Customer shall not submit prompts designed to:

• Circumvent, disable, or manipulate Explorer’s security controls, access restrictions, role-based permissions, or data governance configurations;

• Extract or reconstruct individual patient-level data from aggregated output;

• Generate misleading metrics or manipulate practice performance representations for any fraudulent purpose; or

• Reproduce or infringe any third-party intellectual property.

6. CUSTOMER WARRANTIES AND REPRESENTATIONS

In addition to the representations and warranties set forth in Section 11 of the Terms, Customer represents and warrants to DI that, as of the Effective Date and on a continuing basis throughout the Term:

6.1  Input Rights

Customer either owns or has obtained all necessary rights, licenses, consents, and authorizations to submit Input to the AI Services and to authorize DI and its AI Vendors to process such Input as contemplated by this Addendum. Customer’s submission of Input does not and will not violate any third-party intellectual property, privacy, or personality rights.

6.2  Voice and Likeness Consents

To the extent any Input submitted to the AI Receptionist includes or incorporates the voice, audio recording, biometric data, or other identifying characteristic of any natural person (including any End User), Customer has obtained and will maintain valid, legally sufficient written consent from each such individual permitting (a) Customer to collect and submit such data to DI; and (b) DI to share such data with its AI Vendors for processing in connection with the AI Receptionist.

6.3  Communications Consents

Customer has obtained all legally required consents and authorizations to send automated text messages, including verification codes, to each End User’s telephone number via the AI Receptionist, and will maintain records of such consents as required by applicable law.

6.4  Compliance with Applicable Law

Customer will use each AI Service in full compliance with all applicable federal, state, and local laws and regulations, including without limitation: HIPAA and HITECH; the Telephone Consumer Protection Act and applicable state equivalents; applicable state consumer privacy laws (including Texas privacy law); the Americans with Disabilities Act with respect to accessibility of automated communications; and any other law applicable to the operation of Customer’s dental practice.

6.5  Patient Notification

Customer will implement and maintain a patient-facing notice (such as a Privacy Notice, Patient Rights Notice, or equivalent disclosure) that accurately describes the use of AI-powered tools in Customer’s practice, the categories of data processed by such tools, and any patient rights applicable under law. Customer shall provide DI with evidence of such notice upon request.

6.6  No Overrepresentation of AI Capabilities

Customer will not represent to End Users or any third party that the AI Receptionist has capabilities beyond those described in Article 3, including clinical decision-making, eligibility determination, or insurance authorization functions. Customer will ensure that End Users are made aware that they are interacting with an automated AI-powered system.

7. INDEMNIFICATION

7.1  Customer Indemnification

In addition to Customer’s indemnification obligations under Section 13 of the Terms, Customer will indemnify, defend, and hold harmless DI, its affiliates, officers, directors, employees, contractors, and AI Vendors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any breach by Customer, its Authorized AI Users, or any End User of this Addendum or the Terms;

• Customer’s failure to obtain or maintain any consent required under Article 6, including consents related to voice, likeness, biometric data, or automated text communications;

• Any unauthorized, improper, or unlawful use of the AI Services by Customer, its Authorized AI Users, or any End User;

• Any claim brought by an End User, patient, or third party arising from Customer’s use of AI Output or Customer’s configuration or operation of the AI Receptionist;

• Customer’s violation of any applicable prohibited use policy, including the ElevenLabs Prohibited Use Policy; and

• Any claim by ElevenLabs or any other AI Vendor arising from Customer’s or its Authorized Users or End Users’ breach of the Terms of this Addendum that are flowed down from DI’s agreement with such AI Vendor.

7.2  DI Indemnification

DI’s indemnification obligations with respect to the AI Services are limited to the indemnification obligations set forth in Section 13 of the Terms and do not extend to any claims arising from: (a) Input or AI Output derived from Input; (b) Customer’s modification or misuse of AI Output; (c) Customer’s failure to implement the Patient Verification Protocol as required; or (d) the products, services, or acts of any AI Vendor.

8. AI SERVICES SPECIFIC DISCLAIMERS AND LIMITATION OF LIABILITY

8.1  AI-Services Specific Disclaimers and Limitation of Liability

IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THE TERMS, THE AI SERVICES, INCLUDING ALL AI OUTPUT, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AI SERVICES AND AI OUTPUT, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE. AI OUTPUT DOES NOT CONSTITUTE PROFESSIONAL MEDICAL, DENTAL, LEGAL, OR OTHER LICENSED PROFESSIONAL ADVICE, AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE OF AI OUTPUT IN ITS PRACTICE OPERATIONS.

8.2  No Guarantee of Vendor Availability

DI DOES NOT WARRANT THAT ANY AI VENDOR TECHNOLOGY USED TO PROVIDE THE AI SERVICES WILL BE CONTINUOUSLY AVAILABLE OR FREE FROM INTERRUPTION. DI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF AN AI VENDOR’S SERVICES.

8.3  Limitation

The limitations of liability set forth in Section 12 of the Terms apply in full to the AI Services and to any claims arising from AI Output, including without limitation any claims arising from the AI Receptionist’s interaction with End Users or any claim arising from Predictive Output generated by the AI Scheduling Tool.

9. INTELLECTUAL PROPERTY

9.1  DI and AI Vendor Ownership

DI and its AI Vendors retain all right, title, and interest in and to the AI Services, including all underlying models, algorithms, software, and technology. Nothing in this Addendum grants Customer any ownership interest in the AI Services or any AI Vendor technology.

9.2  Customer Ownership of Input and Output

As between DI and Customer, and subject to Section 9.1 and the limitations set forth in this Addendum:

• Customer owns all right, title, and interest in and to Input submitted by Customer or its Authorized AI Users; and

• Customer owns all AI Output generated specifically for Customer, including Analytics Output as described in Section 5.2.

The foregoing ownership rights are subject to DI’s license to use Customer Data as set forth in the Terms, and to AI Vendors’ rights to use Input and Output as set forth in their applicable Terms (which do not include using Customer Data for training purposes without Customer’s separate consent).

9.3  Restrictions on Use of AI Output

Notwithstanding Customer’s ownership of AI Output, Customer shall not:

• Use AI Output to develop, train, or improve any artificial intelligence or machine learning model that competes with DI’s or any AI Vendor’s products or services;

• Represent AI Output as the work product of a licensed dental, medical, legal, or financial professional without appropriate independent professional review; or

• Use AI Output in any manner that violates this Addendum, the Terms, any applicable prohibited use policy, including the ElevenLabs Prohibited Use Policy, or applicable law.

10. DATA PRIVACY

10.1  Governing Framework

All Customer Data, PHI, and Personal Information processed in connection with the AI Services is subject to the DI Privacy Policy, the BAA incorporated into the Terms, and this Article 10. In the event of any conflict between this Article 10 and the BAA with respect to PHI, the BAA controls.

10.2  PHI Restrictions

Except as expressly permitted by an applicable BAA covering the relevant processing activity, Customer shall not submit PHI as Input to any AI Service. Customer acknowledges that DI’s AI Vendors may be located in jurisdictions outside the United States and that DI will use commercially reasonable contractual and technical measures to restrict AI Vendor access to PHI consistent with HIPAA requirements.

11. GENERAL PROVISIONS

11.1  Relationship to Terms

This Addendum is incorporated into and governed by the Terms. All provisions of the Terms not modified by this Addendum continue to apply in full, including without limitation the provisions regarding Confidential Information, Fees, Term and Termination, Governing Law, and Limitation of Liability. Customer’s obligations under this Addendum are in addition to, and not in lieu of, Customer’s obligations under the Terms.

11.2  Order of Precedence

In the event of any conflict or inconsistency between this Addendum and the Terms with respect to the AI Services, this Addendum controls. In the event of any conflict between this Addendum and an applicable Order with respect to a specific AI Service, the Order controls.

11.3  Updates to this Addendum

DI may update this Addendum from time to time, including as required by changes to AI Vendor requirements, applicable law, or DI’s product offerings. DI will provide Customer with notice of any material update to this Addendum in accordance with Section 17(a) of the Terms. Customer’s continued use of any AI Service following the effective date of any such update constitutes Customer’s acceptance of the updated Addendum.

11.4  Survival

Any provision of this Addendum that by its nature is intended to survive termination, will survive any expiration or termination of the Terms or the applicable Order.

11.5  Severability

If any provision of this Addendum is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Addendum will otherwise remain in full force and effect.

‍