These Terms and Conditions (the “Terms”) govern your access to and use of the Noderight Dental platform, websites, desktop application, APIs and related services (collectively, the “Service”) operated by Noderight Dental (“Noderight”, “we”, “our” or “us”). By creating an account, subscribing to the Service, or otherwise using the Service, you (“Subscriber”, “Clinic” or “you”) agree to be bound by these Terms.
You represent that you are at least 18 years old, are operating a lawfully registered dental practice (or are otherwise lawfully authorised to handle patient records), and that the person accepting these Terms has authority to bind the clinic.
You must provide accurate, current and complete information at registration and keep it updated. You are responsible for all activity that occurs under your Account, including the activity of your Authorised Users.
You must keep account credentials confidential, enable any multi-factor authentication we offer, and notify us immediately of any suspected unauthorised access. We are not liable for losses arising from your failure to safeguard credentials.
Access to the Service is provided on a subscription basis. The features, user limits and price of each plan are set out on our pricing page or in your written subscription order. We may add, remove or modify plans from time to time.
All fees are quoted in Malaysian Ringgit (MYR) unless stated otherwise and are exclusive of Sales and Service Tax (SST), withholding tax or other applicable taxes, which you are responsible for paying.
Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the plan). Payment is collected through our payment processors (currently Stripe and Billplz). By providing payment details you authorise us and our processors to charge the applicable fees on each billing date.
Subscription fees must be paid on or before the due date stated on the invoice. If any payment fails or is overdue, we may suspend your access to the Service immediately and without prior notice or liability. Late-payment interest may be charged at 1% per month, calculated daily on the unpaid balance, or such lower rate as required by law. Access will be restored only after all outstanding fees and accrued interest have been paid in full. Continued non-payment may result in termination under section 16, after which the data-handling rules in section 12 apply.
We may change subscription pricing on at least 30 days’ written notice. Changes take effect at the start of your next billing cycle.
Where we offer a free trial, the trial is provided “as is” without warranty. At the end of the trial your subscription will commence on the plan you selected and you will be charged automatically unless you cancel before the trial ends.
All fees paid to us are non-refundable. Without limitation, we do not provide refunds, credits, set-offs or pro-rated returns for any reason, including:
By accepting these Terms you acknowledge that you have evaluated the Service and accept this no-refund policy as a material part of the bargain.
The Service is delivered using a multi-tenant architecture. Each clinic is provisioned with an isolated tenant database, and the Service includes controls intended to prevent data leakage between tenants. While we apply commercially reasonable measures to maintain isolation, you acknowledge that no system is immune to error or misuse and that you remain responsible for managing access permissions within your own tenant.
For the purposes of the PDPA, you are the data user in respect of Patient Data. Noderight acts as a data processor processing Patient Data on your instructions in order to provide the Service.
You are responsible for:
We will (a) implement reasonable technical and organisational measures to protect Patient Data against loss, misuse and unauthorised access; (b) only use Patient Data to provide and improve the Service or as required by law; (c) notify you without undue delay if we become aware of a personal data breach affecting your tenant; and (d) on termination, return or delete Patient Data in accordance with section 12.
The Service is hosted on cloud infrastructure operated by reputable providers, with primary servers located in the ASEAN region (currently Singapore) and backup storage in equivalent jurisdictions that we reasonably consider to provide adequate data-protection standards. Patient Data may therefore be transferred outside Malaysia for hosting, disaster recovery, analytics and support purposes. By using the Service, you provide your explicit consent to such cross-border transfers in accordance with section 129 of the PDPA, and you confirm that you have obtained equivalent consents from your patients before submitting their personal data to the Service. We will publish a list of material sub-processors on request and will give reasonable notice of any change that materially affects the location of Patient Data.
The Service supports reading MyKAD via a PC/SC-compatible smart card reader. You agree that:
You agree not to, and not to permit any Authorised User to:
The Service, including all software, designs, trademarks, documentation and content provided by us, is owned by Noderight or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your subscription, solely for your internal clinic operations.
You retain all rights in Subscriber Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display and process Subscriber Content solely as necessary to provide the Service, perform analytics on aggregated and de-identified data, and meet our legal obligations.
If you provide suggestions or feedback about the Service, we may use them without restriction or compensation.
The Service integrates with third-party services including, without limitation, Stripe, Billplz, Pusher, Zoom and cloud storage providers. These services are governed by their own terms and privacy policies. We are not responsible for the acts, omissions or availability of third-party services. Where you connect a third-party service, you authorise us to exchange data with that service as needed to provide the integration.
We will use commercially reasonable efforts to keep the Service available 24/7, excluding scheduled maintenance, emergency maintenance, and downtime caused by events outside our reasonable control (including failures of third-party services, internet outages or force majeure). Unless a separate Service Level Agreement is signed, the Service is provided without any uptime guarantee.
We perform regular backups of tenant databases, but you remain responsible for maintaining your own copies of Patient Data where required by law (the PDPA and dental regulations typically require records to be retained for at least 7 years from the last patient encounter).
You may export your Patient Data at any time during the subscription using the export tools we provide. On termination, we will keep your tenant data available for export for 30 days, after which we may permanently delete it. Backups containing Patient Data may persist for an additional period of up to 90 days before being purged.
The Service is a clinic-management tool, not a medical device. It does not provide diagnosis, treatment recommendations or clinical decision support. All clinical decisions, treatment plans, prescriptions, dental charts and billing entries are the sole responsibility of the registered dental practitioner using the Service. You must independently verify the accuracy of any data displayed, including data read from MyKAD.
To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
To the maximum extent permitted by law:
You will defend, indemnify and hold harmless Noderight, its officers, employees and contractors from any claim, demand, loss, liability, damage or expense (including reasonable legal fees) arising out of or related to: (a) your or your Authorised Users’ use of the Service; (b) Subscriber Content (including Patient Data and MyKAD data); (c) your breach of these Terms; or (d) your violation of any law or third-party right, including the PDPA and any patient’s privacy or consent rights.
You may terminate your subscription at any time through the Service or by giving us written notice. Termination takes effect at the end of the then-current billing cycle. Pre-paid fees are non-refundable except where required by law.
We may suspend or terminate your access immediately and without prior notice or liability if:
Where we suspend (rather than terminate) for cause, we may, at our sole discretion, restore access once the cause is cured.
On termination: (a) your licence to access the Service ends; (b) you must cease using the Service; (c) you may export Patient Data within the period stated in section 12; and (d) provisions intended to survive termination (including sections 6, 9, 12, 13, 14, 15 and 18) will survive.
We may update these Terms from time to time. Material changes will be notified at least 14 days before they take effect, by email and/or in-app notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. We may also modify, add or discontinue features of the Service at our discretion, provided that material reductions in functionality on a paid plan will entitle you to a pro-rated refund of pre-paid fees for the affected period.
These Terms are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Kuala Lumpur, save that we may seek injunctive relief in any court of competent jurisdiction. Before commencing legal proceedings, the parties will attempt to resolve any dispute in good faith for at least 30 days through senior representatives.
If you have questions about these Terms or the Service, contact us at:
Noderight Dental
Email: [email protected]
Address: No 77-2 (2nd Floor), Jalan USJ 21/10, USJ 21, 47620 Subang Jaya, Selangor, Malaysia