Terms of Service
Last Updated: June 18, 2026
The Services are operated by A Place For Apps LLC, doing business as Health of Your Space (“Health of Your Space,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your access to and use of the Health of Your Space platform, including digital intake forms, messaging tools, appointment-based automation, and integrations with Dolphin Management (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms.
1. Introduction
Health of Your Space provides a cloud-based platform for orthodontic practices(“Providers,” “Customers,” or “you,” including the organization you represent) to collect intake data, manage communication workflows, sync data with Dolphin Management, and streamline administrative and clinical processes.
Individuals who interact with your practice through the Services, including patients, parents, guardians, or other end users (“End Users”), are subject to your policies and our Privacy Policy available at: https://healthofyourspace.com/privacy-policy.
These Terms apply to all Provider staff, administrators, and authorized users accessing the Services.
End Users accessing forms or messaging tools through the Services are subject to our Privacy Policy.
End Users are not parties to these Terms and have no contractual rights under this agreement.
2. Acceptance of Terms
By creating an account, logging in, enabling integrations, using any portion of the Services, or by affirmatively indicating acceptance (such as clicking “I agree,” “Accept,” or a similar mechanism), you agree to these Terms and confirm that you have the authority to bind your organization to them.
If you do not agree to these Terms, you may not use the Services.
3. Description of Service
The Services include, but are not limited to:
- Digital intake forms, questionnaires, disclosures, consents, and document workflows
- Patient-submitted images, documents, signatures, and uploads
- Appointment-based automations, reminders, and patient communications
- Two-way messaging through SMS and email
- Integration and synchronization with Dolphin Management
- Real-time data synchronization between Provider systems and the platform
- Patient check-in links, status tracking, and workflow management
- Patient Overview and patient engagement tools
- Comments & Notes synchronization with Dolphin Management
- Form Builder, configurable forms, conditional logic, and workflow automation tools
- New Patient Call Sheet configuration and generation
- Analytics, reporting, dashboards, and activity monitoring
- Payment workflows, payment account management, and related administrative tools
- Workspace administration, team management, user roles, and access controls
- Provider branding, white-label configurations, and practice customization
- Administrative dashboards and operational workflow management
- Data processing, transmission, storage, and synchronization services necessary to provide the Services
Health of Your Space may provide digital intake services, patient communications, workflow automation, analytics, reporting, payment facilitation, configurable forms and workflows, patient engagement tools, administrative dashboards, appointment-based automation, synchronization services, and integrations with third-party systems including Dolphin Management.
We may add, modify, or remove features as part of ongoing improvements to the Services.
3.1 Customer Configurations and Form Builder
Customer may use certain Services to create, modify, configure, publish, or manage custom forms, workflows, disclosures, consent language, notifications, communications, and other customer-configured content (“Customer Configurations”).
Customer is solely responsible for reviewing, validating, testing, approving, maintaining, and ensuring compliance of all Customer Configurations before production use.
Customer represents and warrants that all Customer Configurations comply with applicable laws, regulations, professional obligations, and practice requirements.
Health of Your Space provides software tools, templates, and configuration capabilities only and does not provide legal, regulatory, compliance, orthodontic, medical, or professional advice regarding Customer Configurations.
Customer assumes all responsibility for the legality, accuracy, completeness, suitability, and regulatory compliance of Customer Configurations.
Customer acknowledges that Health of Your Space does not review, approve, validate, monitor, audit, or certify Customer Configurations for legal, regulatory, clinical, privacy, security, accessibility, recordkeeping, consent, disclosure, or professional compliance purposes.
3.2 Mandatory Platform Components
Certain platform-managed components, acknowledgements, disclosures, patient safety workflows, interoperability requirements, and compliance-related functionality may be designated by Health of Your Space as mandatory system components.
Mandatory system components may not be modified, removed, bypassed, disabled, or replaced by Customer.
Health of Your Space reserves the right to maintain, modify, add, or remove mandatory system components when reasonably necessary for security, interoperability, patient safety, regulatory support, legal compliance, platform operations, or service functionality.
4. Eligibility
The Services are intended for licensed orthodontic practices and their authorized staff members. You must be at least 18 years old and legally able to enter into binding agreements.
5. Account Registration and Security
Providers are fully responsible for maintaining the security of their accounts, credentials, devices, networks, and internal access controls. Providers shall ensure that only authorized personnel access the Services and that such personnel follow appropriate security practices consistent with HIPAA, HITECH, GDPR, and industry standards.
Providers acknowledge that improper handling of credentials, devices, local systems, or internal access controls may result in unauthorized access or data exposure. Providers agree to notify us immediately of any unauthorized access or suspected security incident involving their accounts or systems.
For clarity, Health of Your Space is responsible only for safeguarding the systems we control and operate. Providers remain solely responsible for security incidents, data breaches, or unauthorized disclosures that result from Provider actions, omissions, negligence, misconfigurations, or failure to maintain appropriate administrative, physical, or technical safeguards on their own systems, networks, devices, or personnel access.
Health of Your Space implements administrative, technical, and physical safeguards designed to protect data in accordance with applicable industry standards. Such safeguards are intended to reduce risk but do not guarantee absolute security, uninterrupted availability, or the prevention of all unauthorized access, disclosure, loss, alteration, or other security incidents.
5.1 Security Incidents and Notifications
Health of Your Space will notify Providers without undue delay upon becoming aware of a confirmed unauthorized access to Personal Information within systems under our control.
Providers are responsible for assessing and fulfilling any notification obligations to End Users, regulators, or other parties, unless otherwise required by law.
Health of Your Space is not responsible for security incidents arising from Provider systems, configurations, or actions.
6. Subscription and Billing
Use of the Services requires an active paid subscription unless you are participating in a trial, beta program, or other evaluation period explicitly authorized by Health of Your Space in writing.
6.1 Payment Terms
Fees and billing terms are set forth in your applicable Master Services Agreement (MSA) and, if applicable, any Order Form, which control in the event of a conflict with these Terms.
Invoices may be issued on a recurring basis in accordance with your subscription terms. Payment is due within thirty (30) days unless otherwise specified in writing.
Health of Your Space reserves the right to suspend or terminate access to the Services for failure to make timely payment.
Late payments may be subject to interest or additional fees to the extent permitted by law.
Payments are non-refundable unless required by law or otherwise agreed in writing.
6.2 Renewal
Subscriptions renew automatically unless canceled before the renewal date.
6.3 Taxes
Providers are responsible for all applicable taxes related to their use of the Services.
7. License to Use the Service
We grant Providers a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their internal clinical and administrative operations.
- Reverse engineering, copying, or modifying the Service is prohibited.
- Reselling or redistributing the Service is prohibited.
- Using the Service for any unlawful purpose is prohibited.
- Attempting to bypass system protections is prohibited.
8. Acceptable Use Policy
Providers and their authorized users must use the Services responsibly and in compliance with applicable laws and regulations.
Providers must not upload unlawful, harmful, fraudulent, or misleading content. Providers must not interfere with the normal functioning of the platform or attempt to bypass security measures. Providers must not attempt unauthorized access to other accounts, servers, or networks. Messaging tools must not be used for spam, mass marketing blasts, or emergency communication.
8.1 Operational Communications Only
The Services are intended solely for operational communications related to patient care, treatment, scheduling, appointment reminders, intake workflows, billing, payment processing, and practice administration.
Messaging tools may only be used for operational communications related to patient care, scheduling, billing, treatment, intake, and practice administration.
The Services may not be used for marketing, advertising, promotional campaigns, newsletters, mass outreach, bulk messaging, lead generation, patient solicitation, political communications, fundraising, or any other marketing or promotional activity.
Health of Your Space does not provide marketing services and does not permit the use of the Services for marketing purposes.
Providers are solely responsible for ensuring that all communications sent through the Services comply with applicable laws, regulations, and professional standards.
Health of Your Space reserves the right to monitor messaging usage and to suspend, restrict, or terminate messaging functionality if the Services are used in a manner inconsistent with these Terms.
8.2 Patient Communications
Providers are solely responsible for the content, accuracy, and appropriateness of communications sent through the Services.
Providers must ensure communications sent through the platform comply with applicable laws, regulations, and professional standards.
Providers acknowledge that messaging systems may experience delays, interruptions, or delivery failures. Messaging through the platform must not be relied upon for emergency communications or time-sensitive clinical matters.
8.3 Provider Content Responsibility
Providers are responsible for ensuring they have the legal authority to upload, transmit, store, or process any Patient information, images, documents, or communications through the Services.
Customer Content
Customer retains ownership of Customer Content submitted through the Services.
Customer is solely responsible for all forms, disclosures, consents, questionnaires, communications, documents, attachments, workflows, and other content created, uploaded, configured, published, or distributed through the Services.
Health of Your Space is not responsible for reviewing, validating, approving, or monitoring Customer Content for legal, regulatory, clinical, or professional compliance.
9. Data Handling and Privacy
The handling of Personal Information is governed by our Privacy Policy available at: https://healthofyourspace.com/privacy-policy, which is incorporated into these Terms by reference.
Providers act as the Controllers of Patient Personal Information and must ensure compliance with all applicable privacy and health information laws.
9.1 Legal Requests
Health of Your Space may disclose information as required by law, regulation, legal process, or governmental request.
Where legally permitted, Health of Your Space will use commercially reasonable efforts to notify the Provider before such disclosure.
Health of Your Space is not responsible for the Provider’s obligations to notify End Users or comply with applicable laws.
CCPA/CPRA Compliance: Health of Your Space acts solely as a Service Provider under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). We do not sell or share Personal Information. Providers are responsible for responding to consumer rights requests under CCPA/CPRA.
COPPA Compliance: The Services are not directed to children under 13. Any Personal Information from minors is collected solely by Providers as part of their clinical workflows. Providers are fully responsible for obtaining any required parental or guardian consent under COPPA or applicable state laws.
10. HIPAA and PHI Responsibilities
Health of Your Space will act as a Business Associate only upon execution of a Business Associate Agreement (BAA).
For EU/EEA Providers, Health of Your Space acts as a data Processor under GDPR.
Providers agree to maintain compliance with applicable privacy and health data laws and must execute a Business Associate Agreement (BAA) when required. Providers must limit system access to authorized personnel only.
No Guarantee of Compliance
While the Services may include features intended to support regulatory, privacy, security, documentation, workflow, operational, communications, payment, or recordkeeping requirements, Health of Your Space does not warrant, represent, or guarantee Customer’s compliance with HIPAA, HITECH, GDPR, PIPEDA, COPPA, TCPA, CAN-SPAM, state privacy laws, payment card industry requirements, professional standards, licensing requirements, or any other legal, regulatory, contractual, or professional obligations.
Customer remains solely responsible for determining, implementing, maintaining, monitoring, and ensuring compliance with all laws, regulations, standards, professional obligations, and requirements applicable to Customer’s business, workforce, communications, patient interactions, payment activities, and use of the Services.
11. Data Processing Addendum
If Customer processes Personal Data subject to privacy laws that require a data processing agreement between controllers and processors, including the General Data Protection Regulation (GDPR) or Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), the Data Processing Addendum (DPA) available at:
https://healthofyourspace.com/data-processing-addendum
is incorporated into and forms part of this Agreement.
The DPA governs the processing of Personal Data by Health of Your Space on behalf of the Customer.
12. Integration with Dolphin Management
By enabling integration with Dolphin Management, Providers authorize Health of Your Space to access, transmit, and sync data between the Services and Dolphin Management.
Providers are responsible for configuring and validating the integration. Synced data remains under the Provider’s control.
Health of Your Space is not responsible for downtime, data issues, or errors caused by Dolphin Management or other third-party systems.
Dolphin Management serves as the primary system of record for patient and practice information maintained within Customer’s environment. Customer remains responsible for validating all synchronized data and workflows.
Health of Your Space is designed to facilitate patient engagement, communications, workflow automation, synchronization, analytics, payment workflows, and related administrative services in connection with Customer’s use of Dolphin Management and other supported systems.
13. Intellectual Property Rights
All intellectual property related to the Services—including software, interfaces, design, trademarks, and documentation—is owned by Health of Your Space or its licensors.
No ownership rights are transferred to Providers under these Terms.
For clarity, Health of Your Space retains all rights, title, and interest in and to the platform software, Form Builder, workflow engine, conditional logic engine, templates, integrations, HoYS Fields, platform-managed alerts, platform-managed workflows, analytics functionality, payment workflow functionality, and all related intellectual property.
Customer ownership of Customer Data does not convey ownership of platform functionality, software functionality, workflow logic, integrations, or intellectual property owned by Health of Your Space.
14. Third-Party Services
The Services may rely on or integrate with third-party vendors, including but not limited to:
- Cloud hosting providers (e.g., AWS)
- SMS delivery providers (e.g., Twilio)
- Email delivery services (e.g., SendGrid)
- Identity verification or authentication services
- Logging and monitoring services
- Payment processing providers (e.g., GoDaddy Payments)
Health of Your Space is not responsible for the actions, terms, or availability of these third-party providers.
14.1 Payment Services
Certain Services may facilitate payment-related workflows through third-party payment providers.
Payment credentials are collected and processed through third-party payment infrastructure. Health of Your Space does not store raw payment card numbers, CVV values, or full bank account credentials.
Health of Your Space may receive tokenized payment references and limited payment metadata necessary to support payment workflows, reporting, reconciliation, account management, and related Services.
Customer acknowledges that payment processing services may be governed by separate agreements, policies, terms, requirements, underwriting obligations, and operational rules imposed by applicable payment providers.
Customer remains solely responsible for maintaining any merchant accounts, payment processing agreements, underwriting requirements, refund obligations, chargeback obligations, and other obligations imposed by payment providers.
Health of Your Space does not act as a bank, merchant acquirer, card network, payment processor, money transmitter, or financial institution and is not responsible for the acts, omissions, decisions, performance, availability, settlement timing, underwriting determinations, chargeback determinations, merchant account decisions, or other actions of any third-party payment provider.
Health of Your Space makes no representations or warranties regarding the availability or performance of third-party payment services.
15. Service Availability
The Services are provided on an “as is” and “as available” basis.
Health of Your Space uses commercially reasonable efforts to maintain the availability and performance of the Services. However, we do not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times.
You acknowledge that the Services rely on third-party infrastructure and service providers, including cloud hosting, messaging delivery, and other systems. Health of Your Space is not responsible for outages, delays, delivery failures, or performance issues caused by such third-party providers.
Health of Your Space does not guarantee the delivery, receipt, timing, or accuracy of messages transmitted through the Services.
The Services are not intended for emergency communications or time-sensitive clinical decisions, and you agree not to rely on the Services for such purposes.
No service level commitments, uptime guarantees, or support obligations apply unless expressly set forth in a separate written agreement.
Health of Your Space may implement technical measures designed to improve reliability, including retry mechanisms and redundancy; however, such measures do not constitute a guarantee of performance or delivery.
16. Termination
Providers may terminate their subscription as described in their agreement or billing documentation. Health of Your Space may suspend or terminate access to the Services for failure to pay fees, violations of these Terms, misuse of the platform, or situations that pose security or operational risks.
Upon termination, Provider access may be disabled. Data may be retained or deleted according to legal requirements, Provider instructions, or internal retention policies.
Upon termination, Health of Your Space may, upon request, provide reasonable transition assistance, including data export and technical support, for a limited period.
Such assistance may be subject to additional fees.
Following termination, Health of Your Space shall have no obligation to maintain integrations, configurations, custom workflows, customer environments, exports, or platform functionality except as otherwise required by law or expressly agreed in writing.
Customer remains responsible for requesting any desired exports during any applicable transition period.
Health of Your Space may delete or decommission customer-specific configurations, integrations, workflows, and environments following expiration of any applicable retention or transition period.
17. Disclaimers
The Services are provided on an “as is” and “as available” basis. Health of Your Space disclaims all warranties, express or implied, including warranties of fitness for a particular purpose, non-infringement, accuracy, reliability, or completeness.
Clinical and Treatment Decisions
Health of Your Space provides software tools designed to assist Providers with administrative workflows, patient intake, messaging, and practice management functions.
Health of Your Space does not provide medical, dental, or orthodontic advice, diagnosis, or treatment recommendations.
Providers are solely responsible for all clinical decisions, diagnoses, treatment plans, communications with patients, and medical judgment.
Use of the Services does not replace professional medical judgment, and Providers must independently verify and evaluate all information collected through the Services before relying on it in connection with patient care.
Patient safety alerts, workflow notifications, intake responses, clinical flags, automated workflows, reminders, operational indicators, analytics, reports, and other information generated, displayed, transmitted, or presented by the Services are intended solely to assist administrative, operational, and workflow processes. Such information does not constitute medical advice, orthodontic advice, diagnosis, treatment recommendations, clinical decision support, or professional judgment. Providers remain solely responsible for independently reviewing, evaluating, and validating all information used in connection with patient care, treatment planning, diagnosis, communications, and clinical decision-making.
18. Limitation of Liability
To the fullest extent permitted by law, Health of Your Space shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including damages for loss of profits, loss of data, business interruption, or loss of goodwill.
The aggregate liability of Health of Your Space for any claim arising out of or related to the Services shall not exceed the amount paid by the Provider for the Services during the twelve (12) months preceding the event giving rise to the claim.
18.1 Data Loss
Health of Your Space is not responsible for loss, corruption, or deletion of data except to the extent caused by a breach of these Terms by Health of Your Space.
Providers acknowledge that Health of Your Space is not intended to serve as Customer’s sole backup, archival, disaster recovery, business continuity, or records retention solution.
19. Indemnification
Each party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other party (the “Indemnified Party”), its officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(i) a material breach of these Terms;(ii) gross negligence or willful misconduct;(iii) violation of any applicable law or regulation.
Health of Your Space shall additionally indemnify the Provider for any claims arising from:
- data breaches caused by Health of Your Space
- infringement of third-party intellectual property by the Services to the extent resulting from Health of Your Space’s gross negligence or willful misconduct
Providers shall indemnify Health of Your Space for any claims arising from:
- violations of data protection or privacy laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, HIPAA, and HITECH
- Provider communications, messaging practices, or failure to obtain required consent
- Provider misuse of the Services or non-compliant use of Personal Information
19.1 Attorneys’ Fees
The prevailing party in any action or proceeding arising out of or relating to these Terms shall be entitled to recover its reasonable attorneys’ fees and costs.
19.2 Assignment
You may not assign or transfer these Terms without prior written consent from Health of Your Space, which shall not be unreasonably withheld.
Health of Your Space may assign these Terms in connection with a merger, acquisition, or sale of assets.
19.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
19.4 Survival
Provisions that by their nature should survive termination shall survive, including but not limited to sections relating to liability, indemnification, data obligations, and intellectual property.
20. Modifications to the Terms
Health of Your Space may update or modify these Terms from time to time. Material changes will be communicated to Providers. Continued use of the Services following such updates constitutes acceptance of the revised Terms.
21. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. The parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Broward County, Florida, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts, except where a different jurisdiction is required by applicable law or an executed agreement between the parties.
22. Entire Agreement
These Terms, together with any applicable Master Services Agreement (MSA), Business Associate Agreement (BAA), Order Forms, and the Privacy Policy, constitute the entire agreement between the parties.
For clarity, publicly available materials (including security, marketing, or product pages) do not form part of this agreement unless expressly incorporated.
For the avoidance of doubt, Customer acknowledges that product descriptions, feature descriptions, implementation guidance, onboarding materials, support communications, training materials, documentation, and other informational materials provided by Health of Your Space are provided for informational purposes only and do not modify, expand, or supersede the obligations, warranties, representations, or commitments expressly set forth in the governing agreements between the parties.
23. Contact Information
Health of Your Space1607 San Charles Drive, Dunedin FL 34698, United Statessupport@healthofyourspace.com
For questions about these Terms, please contact us at the address or email listed above.