Terms of Service

Effective date: 2026-05-07 · Aria by Velzyx AI · Newport Beach, California

1. Agreement

These Terms of Service ("Terms") form a binding agreement between Aria by Velzyx AI, a Delaware corporation operating from Newport Beach, California ("Aria," "we," "us") and the dental practice or other entity that subscribes to the Service ("Customer," "you"). By signing an Order Form, accepting a quote, paying an invoice, or using the Service, you agree to these Terms. If you are agreeing on behalf of an entity, you represent that you have authority to bind that entity.

2. Definitions

• Service means the Aria AI front-office platform: the inbound and outbound voice agent, the SMS channel, the embedded chat widget, the admin dashboard, the patient and practice APIs, and any related integrations and reports.
• Customer Data means data the Customer or its patients submit through the Service, including call audio, transcripts, messages, appointments, payment metadata, and patient profile fields.
• Documentation means the published help articles, integration guides and product release notes available at ariadental.ai or in the admin dashboard.
• BAA means the HIPAA Business Associate Agreement between Aria and the Customer.
• Order Form means the executed pricing and configuration document that activates the Customer's subscription.

3. Account terms

• You must be 18 or older and authorized to procure software on behalf of the practice.
• You must provide accurate practice and billing information and keep it current.
• You are responsible for all activity that occurs under your admin accounts and for safeguarding credentials. We strongly recommend SSO and MFA on every administrator account.
• You must notify us promptly at security@ariadental.ai on any suspected compromise of credentials or unauthorized access.

4. Service description

Aria provides an AI-powered front-office layer for dental practices. The Service answers patient calls, handles webchat and SMS, verifies dental insurance eligibility through third-party clearinghouses, books and reschedules appointments through the Customer's calendar or practice management system, processes payments through Stripe, and surfaces conversations and analytics in the admin dashboard.

Aria is a front-office tool, not a clinical tool. Aria does not diagnose, treat, prescribe or replace any clinical judgment. The Customer remains solely responsible for the practice of dentistry, for clinical decisions, for compliance with state dental boards, and for the accuracy of clinical information communicated to patients. Aria is not a substitute for emergency care; the Service explicitly directs patients with dental emergencies to call 911 or seek in-person care.

5. Acceptable use

You agree not to, and not to permit any third party to:

• Use the Service in violation of law, including HIPAA, TCPA, CAN-SPAM, the FTC Act, state telemarketing rules, or applicable dental practice acts.
• Send messages to recipients who have not provided required consent under TCPA or who have opted out (replied STOP). The admin dashboard provides opt-out enforcement; you must not bypass it.
• Use the Service to spam, harass, defraud, threaten, impersonate, or send obscene material.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except where applicable law permits notwithstanding this restriction.
• Resell or sublicense the Service without a written reseller agreement.
• Probe, scan, or test the vulnerability of the Service except under a written security testing arrangement.
• Upload viruses, malware, or content infringing third-party rights.
• Use the Service to build a competing product or to benchmark for a competitor.

We may suspend the Service to investigate suspected violations and may terminate accounts for material or repeated breaches.

6. Uptime & force majeure

Aria targets 99.9% monthly uptime for the production voice, SMS, chat and dashboard services, measured outside of scheduled maintenance windows that are announced in advance. Service credits for sustained downtime, if applicable, are described in the Customer's Order Form.

Aria is not liable for downtime or degraded performance caused by (a) a third-party network or infrastructure provider, (b) the Customer's PMS, calendar, or carrier; (c) public internet outages; (d) acts of God, war, terrorism, civil disorder, labor action, governmental order, pandemic, or other events beyond our reasonable control. We will use commercially reasonable efforts to mitigate and to keep the Customer informed via the public status page.

7. Payment

• Subscription fees are billed monthly in advance, in U.S. dollars, on the date the Service is activated, unless the Order Form specifies otherwise.
• Usage-based fees (for example, voice minutes or SMS segments above the included tier) are billed monthly in arrears.
• The Customer authorizes Aria, or our payment processor, to charge the payment method on file for all fees due.
• If a payment fails, Aria will retry and notify the Customer. Amounts past due more than 15 days accrue a late fee of 1.5% per month or the maximum permitted by law, whichever is lower. Service may be suspended after 30 days past due with notice.
• Mid-cycle additions (locations, providers, paid add-ons) are prorated. Mid-cycle reductions take effect at the end of the then-current monthly billing cycle.
• All fees exclude taxes; the Customer is responsible for sales, use, VAT and similar taxes other than taxes on Aria's net income.

8. Cancellation

Either party may terminate the subscription for convenience with at least 30 days' written notice prior to the next renewal date. The Customer may export Customer Data through the admin dashboard or by request to support@ariadental.ai at any time during the subscription and for 30 days after termination. After 60 days from termination, Customer Data is deleted from primary systems per the Privacy Policy.

Either party may terminate immediately for material breach uncured 30 days after written notice. Aria may terminate immediately on the Customer's insolvency, bankruptcy, or assignment for the benefit of creditors.

9. IP & feedback

Aria retains all right, title and interest in the Service, the underlying software, models, prompts, fine-tuned weights, dashboards, and Documentation, including all enhancements and derivative works. The Customer retains all right, title and interest in Customer Data. The Customer grants Aria a limited, non-exclusive, worldwide license to host, process and transmit Customer Data solely to provide and improve the Service in line with the BAA.

If the Customer or its users provide feedback, suggestions or ideas about the Service, Aria may use that feedback without restriction or obligation, including to improve the Service for all customers. Aria will not use identifiable Customer Data to train foundation models, and will not share Customer Data with foundation model providers in a way that allows them to train on it.

10. Warranties & disclaimers

Aria warrants that the Service will perform materially in accordance with the Documentation under normal use. Aria's sole obligation, and the Customer's sole remedy, for breach of this warranty is for Aria to repair or replace the affected Service or, if Aria cannot do so within a commercially reasonable time, to refund prepaid fees for the affected Service from the date of breach.

EXCEPT FOR THE FOREGOING WARRANTY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Indemnification

Aria will defend the Customer against any third-party claim alleging that the Service, used as permitted by these Terms, infringes a U.S. patent, copyright or trademark, and will pay finally awarded damages or settlement amounts. The Customer will defend Aria against any third-party claim arising from (a) the Customer's violation of law including TCPA or HIPAA, (b) the Customer's clinical practice or advice, (c) Customer Data the Customer uploads to the Service, or (d) the Customer's violation of these Terms.

Each party's indemnity obligations are conditioned on prompt written notice of the claim, sole control of the defense, and reasonable cooperation. Neither party will settle a claim that imposes liability on the other without that party's written consent.

12. Limitation of liability

EXCEPT FOR (A) AMOUNTS OWED UNDER THE PAYMENT SECTION, (B) A PARTY'S INDEMNIFICATION OBLIGATIONS, (C) A PARTY'S BREACH OF THE BAA OR APPLICABLE PRIVACY LAW, AND (D) A PARTY'S WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA. EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

13. Disputes & arbitration

These Terms are governed by the laws of the State of Delaware, without regard to conflicts-of-law principles. The parties will first try in good faith to resolve any dispute by direct negotiation between authorized executives for at least 30 days.

If unresolved, any dispute will be finally settled by confidential binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The seat of arbitration will be Wilmington, Delaware. Arbitration will be conducted by a single arbitrator with substantial experience in software-as-a-service and healthcare-technology disputes. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information pending arbitration. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

14. Changes & contact

We may update these Terms as the Service evolves or as the law changes. When we make material changes, we will update the effective date at the top, post a notice on the marketing site, and notify subscribed practices by email at least 30 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.

Contract questions: legal@ariadental.ai
Aria by Velzyx AI · 5000 Birch St, Suite 3000 · Newport Beach, CA 92660