Clear terms for a smarter front office.

The agreement

These Terms of Service ("Terms") are an agreement between you and KIWI Agency, a company organized in Wyoming, USA, which operates Lobbee ("Lobbee", "we", "us"). By creating an account, signing in, or using any part of Lobbee, you agree to these Terms and to our Privacy Policy.

If you use Lobbee for a dental practice, you confirm you are authorized to accept these Terms on its behalf. If the practice has signed a separate order form or agreement with us, that document controls where it conflicts with these Terms.

Key terms

• Practice: the dental practice or group that subscribes to Lobbee.
• Users: people the Practice authorizes to sign in, such as dentists, managers and staff.
• Patients: people who interact with a Practice through Lobbee, for example to book, fill in a form, pay or send a message.
• Services: the Lobbee platform, its patient-facing pages, its integrations and its AI features.
• Practice Data: information the Practice or its Patients put into Lobbee or that Lobbee reads from the Practice's connected systems.

Accounts and security

• Each User needs their own account. Accounts may not be shared.
• Two-factor authentication is required. Keep passwords, codes and recovery codes private.
• The Practice controls who has access, with which role and to which offices, and is responsible for its Users' activity.
• Tell us right away at [email protected] if you suspect unauthorized access.

Practice responsibilities

The Practice is responsible for how it uses Lobbee and for its relationship with its Patients. In particular, the Practice will:

• Comply with the laws that apply to it, including HIPAA, state privacy and dental-board rules, the Telephone Consumer Protection Act (TCPA) and CAN-SPAM.
• Obtain and record the consent required before sending texts, emails or marketing messages, and honor opt-outs. Lobbee processes STOP replies and unsubscribe links automatically.
• Follow the policies of the channels it connects, including Meta's Messenger and Instagram policies, Google's policies and carrier messaging rules.
• Make sure the information, prices, templates and automations it creates in Lobbee are accurate and lawful.
• Have the rights needed to connect its practice management software and other accounts to Lobbee.

Where HIPAA applies, we will sign a Business Associate Agreement with the Practice. It governs our handling of protected health information.

Acceptable use

You agree not to:

• Send spam, unsolicited marketing, or messages that are deceptive, harassing or unlawful.
• Upload malware, or try to probe, breach or disrupt Lobbee or other customers' data.
• Reverse engineer, copy or resell the Services, or use them to build a competing product.
• Use Lobbee to collect data about people without a lawful basis, or for any purpose other than running your practice.
• Get around usage limits, security controls or the AI's safety instructions.

We may suspend access that puts Patients, Practices, the Services or third parties at risk. Where possible, we will tell you first.

For patients

When you book, fill in a form, pay or message a Practice through Lobbee, you are dealing with that Practice. Lobbee provides the technology.

• Your appointment, treatment and billing are between you and the Practice.
• Lobbee does not provide dental or medical care or advice.
• In an emergency, call 911 or contact your dentist directly. Don't rely on chat or text messages for urgent care.
• You can stop marketing texts by replying STOP, and marketing emails with the unsubscribe link.

AI features

Lobbee includes AI features that can draft and send replies, summarize information and suggest actions.

• AI output can be incomplete or wrong. It is not dental, medical, legal or financial advice.
• The Practice decides where AI is enabled and is responsible for reviewing how it is used. Staff can turn AI off and take over any conversation.
• The public-facing assistant is designed not to share patient information and to hand clinical questions to the team.
• Don't use AI features to make clinical decisions or decisions with legal or similar effects on Patients without human review.

Third-party services

Lobbee connects to services we don't control, such as Open Dental, Stripe, Twilio, Meta (Facebook and Instagram) and Google. Your use of them is subject to their own terms. We are not responsible for their availability, changes or errors. If a third party changes or ends its service, some Lobbee features may change or stop working.

Fees and payments

• Subscription fees, if any, are set out in the Practice's order form or plan, and are billed in advance unless agreed otherwise.
• Patient payments, payment links and care plans are processed by Stripe on the Practice's own Stripe account. The Practice is the merchant, and is responsible for refunds, disputes and the services it charges for.
• SMS and other usage-based costs may be charged as agreed with the Practice.
• Fees don't include taxes, which the Practice pays where applicable.

Beta features

Some features are offered as beta or early access. They may change, be incomplete or be withdrawn, and are provided "as is" without any commitment of availability or support.

Data and privacy

• The Practice owns its Practice Data. It grants us permission to host, process and transmit it only to provide, secure and support the Services.
• We handle personal information as described in our Privacy Policy and, where applicable, our Business Associate Agreement.
• We may use aggregated, de-identified information that cannot identify any Practice or Patient to operate and improve Lobbee.
• The Practice can export its data at any time while its account is active, and for 30 days after it ends.

Intellectual property

Lobbee, its software, design and brand belong to KIWI Agency and its licensors. We give the Practice and its Users a limited, non-exclusive, non-transferable right to use the Services during the subscription. If you send us feedback or ideas, we may use them without any obligation to you.

Confidentiality

Each party will protect the other's non-public business information with reasonable care, use it only for this agreement, and share it only with people who need it and are bound by similar duties, unless the law requires otherwise.

Term and termination

• These Terms apply while you use Lobbee. The Practice may cancel according to its plan or order form.
• We may suspend or end access for serious or repeated breach of these Terms, non-payment, or if required by law.
• When an account ends, access stops. Practice Data is available for export for 30 days and then deleted according to our Privacy Policy, except records we must keep by law.
• Sections that by their nature should survive, such as fees owed, intellectual property, disclaimers, limits of liability and governing law, survive termination.

Disclaimers

We work hard to keep Lobbee reliable and secure. However, to the extent the law allows, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee that the Services will be uninterrupted or error-free, or that data synced from third-party systems will always be complete or current.

Limitation of liability

To the extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data.
• Each party's total liability arising from these Terms is limited to the amounts the Practice paid us for the Services in the 12 months before the event giving rise to the claim.

These limits don't apply to a party's indemnification obligations, its breach of confidentiality, or the Practice's payment obligations.

Indemnification

The Practice will defend and indemnify KIWI Agency against third-party claims arising from the Practice's content, its messages to Patients, its breach of these Terms or its violation of law. We will defend and indemnify the Practice against third-party claims that the Services, as we provide them, infringe that party's intellectual property.

Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Wyoming, and each party consents to their jurisdiction. Before going to court, we each agree to try to resolve the dispute informally for at least 30 days.

Changes to these Terms

We may update these Terms. We'll change the date above and, for material changes, notify Practices in Lobbee or by email at least 15 days before they take effect. Continuing to use Lobbee after that means you accept the updated Terms.

General

• You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
• If any part is found unenforceable, the rest stays in effect.
• Not enforcing a provision isn't a waiver of it.
• Neither party is liable for delays caused by events beyond its reasonable control.
• These Terms, with any order form and Business Associate Agreement, are the entire agreement on this subject.

Contact us

KIWI Agency, operator of Lobbee, Wyoming, USA.