End User License Agreement (EULA)
Effective Date: July 20, 2025
Last Updated: July 20, 2025
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity, referred to as “You” or “User”) and Divergent Dental Resources, LLC (“Company,” “we,” “us,” or “our”) for the use of Divergent Dental Resources, LLC’s automated reporting software and related services (the “Software”).
BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. License Grant
Subject to the terms and conditions of this EULA, Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your internal business purposes in accordance with the documentation provided by Company.
2. Scope of Use
2.1 Permitted Use
- Use the Software to generate automated reports from your dental practice management software
- Access and download reports generated by the Software
- Integrate the Software with compatible dental practice management systems
2.2 Prohibited Use
You may not:
- Copy, modify, or create derivative works of the Software
- Reverse engineer, decompile, or disassemble the Software
- Distribute, sell, lease, rent, or sublicense the Software
- Use the Software for any unlawful purpose or in violation of any applicable laws
- Share your login credentials with unauthorized users
- Attempt to gain unauthorized access to Company’s systems or other users’ data
3. Data Ownership and Privacy
3.1 Your Data Ownership
Your data is yours. Company makes no claims of ownership over your practice data, patient information, or any data you input into or generate through the Software.
3.2 Data Processing
We process your data solely to:
- Generate automated reports and analytics
- Present your data in an easy-to-understand format
- Provide technical support and improve our services
- Comply with legal obligations
3.3 Data Security
Company implements industry-standard security measures to protect your data, including encryption, access controls, and regular security audits.
3.4 HIPAA Compliance
When applicable, Company will enter into a Business Associate Agreement (BAA) with healthcare providers to ensure HIPAA compliance for protected health information (PHI).
4. Intellectual Property
4.1 Software Ownership
The Software, including all intellectual property rights therein, is and will remain the exclusive property of Company and its licensors.
4.2 Feedback
Any suggestions, feedback, or improvements you provide regarding the Software may be used by Company without compensation or attribution.
5. Payment and Subscription
5.1 Fees
Use of the Software requires payment of applicable subscription fees as outlined in your service agreement.
5.2 Payment Terms
- Fees are due in advance according to your billing cycle
- Late payments may result in service suspension
- All fees are non-refundable except as required by law
6. Term and Termination
6.1 Term
This EULA is effective until terminated by either party.
6.2 Termination by You
You may terminate this EULA at any time by discontinuing use of the Software and providing written notice to Company.
6.3 Termination by Company
Company may terminate this EULA immediately if you breach any terms of this agreement.
6.4 Effect of Termination
Upon termination:
- Your license to use the Software immediately ceases
- You must cease all use of the Software
- Company will provide reasonable opportunity to export your data
- Company may delete your data after a reasonable retention period
7. Disclaimers and Limitation of Liability
7.1 Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE.
7.3 Maximum Liability
Company’s total liability to you for all claims arising out of or relating to this EULA shall not exceed the amount paid by you to Company in the twelve (12) months preceding the claim.
8. Support and Maintenance
8.1 Support Services
Company will provide reasonable technical support during normal business hours as outlined in your service agreement.
8.2 Updates
Company may provide updates, patches, or new versions of the Software at its discretion. Such updates will be subject to this EULA unless accompanied by a new license agreement.
9. Compliance and Legal Requirements
9.1 Regulatory Compliance
You are responsible for ensuring your use of the Software complies with all applicable laws, regulations, and professional standards in your jurisdiction.
9.2 Export Control
The Software may be subject to export control laws. You agree to comply with all applicable export and import laws.
10. General Provisions
10.1 Governing Law
This EULA is governed by the laws of the State of Texas, without regard to conflict of law principles.
10.2 Dispute Resolution
Any disputes arising under this EULA will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Unless you and Divergent Dental Resources, LLC agree otherwise, the arbitration will be conducted in Denton County, Texas.
10.3 Severability
If any provision of this EULA is found unenforceable, the remainder will remain in full force and effect.
10.4 Entire Agreement
This EULA constitutes the entire agreement between you and Company regarding the Software and supersedes all prior agreements and understandings.
10.5 Amendments
Company may modify this EULA by providing notice through the Software or via email. Continued use after such notice constitutes acceptance of the modified terms.
11. Contact Information
For questions about this EULA or the Software, please contact:
Divergent Dental Resources, LLC
Email: contact@divergentdental.com
Phone: 888-755-5728
Website: http://divergentdental.com
By using the Software, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.