TERMS

Terms of Service

Effective: April 23, 2026 · Last updated: October 15, 2026 · Call-recording changes take effect November 14, 2026

Changes effective November 14, 2026 — calls and call recording. The additions to §4 (your responsibilities), §6 (third-party integrations), §7 (fees), §13 (indemnification) and the no-emergency-calls notice below cover in-app calling and optional call recording. Recording and transcription are off for every organization and cannot be switched on by anyone — including us — before November 14, 2026. This is the 30 days' notice §15 requires. Until that date the previous Terms apply to recording, and no call placed through the Service is recorded.

These terms ("Terms") govern your use of the OraTek CRM software-as-a-service application (the "Service") offered by OraTek Diagnostics, Inc. ("OraTek", "we"). By creating an account or using the Service, you agree to these Terms.

If you're signing up on behalf of a company, you represent that you have authority to bind that company, and "you" means both you and that company.

1. The Service

OraTek CRM is a sales and outreach platform. It helps sales teams manage contacts, run LinkedIn and email campaigns, track events and recruiting, and collaborate on pipeline. The Service is provided "as a service" — you access it through a web browser, and we manage the underlying infrastructure.

2. Accounts

Org creation. To create a new organization account, you must provide a valid company name, your name, email, and a password. The first person to sign up becomes the organization's administrator.
Invite-only for team members. Additional users can only join an existing organization via an invitation from an administrator. There is no self-signup for reps, marketers, or managers.
Account security. You're responsible for maintaining the confidentiality of your password and for all activity under your account. Notify us immediately of unauthorized access at security@oratekdx.com.
One person, one account. Don't share logins. Each user must have their own account.

3. Your content

You retain ownership of everything you put into the Service — contacts, campaigns, notes, emails, templates, candidate records. We only use your content to operate the Service for you. We do not train AI models on your content, sell your content, or share it with third parties except as described in our Privacy Policy.

You grant us a limited license to host, process, transmit, and display your content solely to provide the Service. This license ends when you delete the content or your account.

4. Your responsibilities

You agree to use the Service lawfully and appropriately. Specifically, you agree not to:

Send spam, unsolicited bulk messages, or any emails in violation of CAN-SPAM, CASL, GDPR, or similar laws
Scrape data in violation of any third party's Terms of Service (including LinkedIn)
Use the Service to send harassing, deceptive, fraudulent, or illegal content
Impersonate another person or company
Store any Protected Health Information (PHI) — OraTek CRM is not a HIPAA-compliant system
Reverse-engineer, resell, or white-label the Service without a written agreement with us
Use the Service to build a competing product
Exceed documented rate limits, attempt to bypass access controls, or probe for vulnerabilities without authorization

You are responsible for complying with every law that applies to calls you place, receive or record through the Service — including call-recording consent laws (some require the consent of every party), the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and calling-hours laws, and do-not-call rules. You decide whether to turn on recording, and you are responsible for its announcement, for notifying your own employees, and for how long recordings are kept.

Do not record calls in which Protected Health Information is discussed. Exclude clinical leads from recording.

No emergency calls. The Service does not support calls to 911 or other emergency numbers. Use your phone's own dialer.

LinkedIn automation disclaimer. The Service automates actions on LinkedIn using your personal session cookie at your direction. These actions may violate LinkedIn's Terms of Service and could result in your LinkedIn account being restricted or banned. You accept this risk. We enforce weekly rate limits (≤200 connection requests per account per week) and human-like delays to minimize risk, but we make no guarantees that LinkedIn will not detect automation. If LinkedIn closes your account, we are not liable.

5. Email sending and deliverability

Mass email campaigns are sent from mail.oratekdx.info (for the OraTek organization) or from your organization's verified sending subdomain. You are responsible for the content of emails you send. Each bulk email includes a one-click unsubscribe link as required by law.

We monitor complaint rates, bounce rates, and unsubscribe rates. If your organization's metrics exceed industry-standard thresholds (for example, >0.3% complaint rate or >5% hard bounce rate), we may suspend sending privileges until the issue is resolved.

6. Third-party integrations

The Service integrates with Google (Gmail + Calendar), LinkedIn, your chosen AI provider (Anthropic, OpenAI, Google Gemini, or an OpenAI-compatible endpoint), Resend, Stripe, Twilio (calls and texts run on your organization's own Twilio account, under Twilio's terms), and others. When you connect one of these services, you are also agreeing to the third party's terms. We do not control third parties and are not responsible for their actions, outages, or policy changes.

7. Fees and billing

Trial: new organizations receive a 30-day free trial. No credit card required during trial.
Paid plans are billed monthly in advance via Stripe. Prices are listed at oratekdx.info/pricing.html.
You are responsible for your own AI provider API usage (Julie — Anthropic, OpenAI, Google Gemini, or an OpenAI-compatible endpoint), Google Workspace subscription, LinkedIn Premium/Sales Navigator if applicable, and Twilio usage (calls, phone numbers, call recording and storage, and transcription if your organization turns it on). These are billed by those third parties directly.
Fees are non-refundable except as required by law. If you cancel, you keep access through the end of the current billing period.
We may change pricing with 30 days' notice to your admin email.

8. Termination

You can cancel your account at any time from the organization settings page. We can suspend or terminate accounts that:

Violate these Terms
Fail to pay
Are used for illegal or harmful activity
Cause sustained damage to OraTek's sending reputation, infrastructure, or third-party integrations

On termination: you have 30 days to export your data. After 30 days, we delete it per our retention policy.

9. Intellectual property

The Service, including all software, design, brand, documentation, and content created by OraTek, is owned by us or our licensors. We grant you a non-exclusive, non-transferable, revocable license to use the Service for your business purposes during your subscription. You don't get any ownership rights.

10. Service availability

We aim for 99.5% monthly uptime but do not guarantee any specific uptime. Planned maintenance will be announced in advance. We are not liable for downtime caused by third parties (Google, LinkedIn, Resend, our hosting providers) or events outside our control.

11. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORATEK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR REPUTATION, EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY.

13. Indemnification

You will indemnify and hold OraTek harmless against claims arising from: (a) your violation of these Terms; (b) your content or the way you use the Service; (c) your violation of third-party rights, including LinkedIn's or Google's terms; (d) your sending of unlawful emails; (e) calls you place, receive or record through the Service.

14. Governing law and disputes

These Terms are governed by the laws of the State of Utah, USA, without regard to conflict of law principles. Any dispute will be resolved in the state or federal courts located in Utah County, Utah. You and OraTek each waive the right to a jury trial.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced by email to your organization admin at least 30 days before taking effect. If you continue to use the Service after the effective date, you accept the revised Terms.

16. Contact

OraTek Diagnostics, Inc.
Orem, Utah, USA
General: hello@oratekdx.com
Legal/contracts: legal@oratekdx.com
Security: security@oratekdx.com