Welcome to the Terms of Use (the “Terms”) of Toothlens, an online platform offering dental wellness information and pre-diagnostic services (the “Services”).
Your access and use of the Services are contingent upon your acceptance of the terms and conditions outlined herein. By accepting the Terms, you consent to be bound by them.
We request you to read the Terms carefully as they govern your relationship with our Company and the use of our Services. Please be advised that these Terms are subject to periodic updates, amendments, modifications, or revisions. Therefore, it is important that you refer to these Terms from time to time.
1.1. Toothlens Inc. is a company registered in the United States of America (the “USA/US”) having its registered office at 651N, Broad Street, Middletown Delaware 19709 USA (the “Toothlens” or “Company” or “We/we” or “Us/us” or “Our/our”).
1.2. The website, smartcheck.toothlens.com, together with its smartphone application (collectively referred to as “Application” / “Platform”) are owned, managed and operated by the Company.
1.3. The Company is in the business of providing technology-related solutions in the healthcare domain and in furtherance thereto, has developed an artificial intelligence (“AI”) powered pre-diagnostic tool (“SmartCheck” or “Services”) which can be accessed through the Application, (a) upon providing login credentials (the “User” or “user”), and (b) uploading images of the user’s teeth onto the Platform.
2.1. The Terms herein set out the terms and conditions for availing the Services offered by the Company by using the Application.
2.2. For the purpose of these Terms, along with any amendments to the same, and wherever the context so requires, “You/you”, “Your/your” or “Yourself/yourself”, shall mean any natural or legal person who has agreed to become a user of the Application by accessing it or installing it on a smartphone application.
2.3. You hereby agree and acknowledge that by accepting the Terms, you expressly confirm that you have read, understood and agree to comply with and be bound by its terms and conditions.
2.4. In the event that you do not agree to any or all of the Terms, or are minor, you are requested not to access and use any of the Services offered by the Company and/or the Application.
2.5. You understand that the Company may amend these Terms from time to time as it may deem fit and necessary. Any amendment to the Terms shall be effective upon the Company’s posting of such updated Terms on the Application and we will ask you to acknowledge and accept the modified Terms before accessing the Services.
3.1. Wherever applicable, you agree to sign up and create an authenticated account (the “Account”) by providing all required information in order to access or use the Services (the “Sign-up Process”).
3.2. You agree and acknowledge that you shall:
(a) Create only 1 (one) Account using your credentials unless approved expressly in writing by the Company;
(b) Provide accurate, truthful, updated and complete information when creating your Account and in all your dealings with the Company;
(c) Maintain the security of your Account by not sharing your password with others and by immediately changing your password if you suspect any unauthorized access to your Account; and
(d) Promptly notify the Company if you discover or otherwise suspect any security breaches relating to the Application.
3.3. You agree and acknowledge that any and all activity undertaken by you from the Account shall be your sole responsibility.
4.1. The Application is an AI-powered “dental wellness screening tool” which is essentially a pre-diagnostic self-check tool to help you understand your overall dental health.
4.2. Upon successfully uploading the images, the Application employs its advanced image recognition technology to perform a comprehensive dental screening.
4.3. Following a preliminary screening, a "SmartCheck Oral Health Report" (the “Report”) is generated, providing a summary of the total number of indicative dental issues recognized by the Application.
4.4. The Report further includes "Dental Wellness Information" to promote or encourage you to mitigate the risk of dental concerns or improve the management of them.
5.1. The Company, in furtherance of continually improving our services, performs research activities from time to time.
5.2. In case we think that it may benefit your health, we will share the outcomes of those checks with you and contact you outside of our regular automated communication.
6.1. The Company respects your privacy and has accordingly formulated a privacy policy, in compliance with the applicable laws (the “Privacy Policy”).
6.2. The use of any personal information by the Company shall be governed by the Privacy Policy as provided on the website of the Company.
7.1. The name “Toothlens” and any other logos and service marks are trademarks owned by the Company.
7.2. The US Copyright laws protect the content and design of the Application.
8.1. You will be eligible to use the Services only by registering with the Company and fulfilling the following qualifications:
(a) You should be above the legal age of 18 (eighteen) years;
(b) You have the legal capacity to enter into a contract and are not specifically disqualified under law.
9.1. In the event that you are found to have violated any of the Terms, the Company reserves the right to do any or all of the following:
(a) Take any action remediating any violation;
(b) Restrict your use of the Account.
10.1. The Terms shall remain in full force and effect unless and until the Account is terminated in accordance with the Terms.
10.2. You may deactivate the Account and end the registration with the Company at any time.
11.1. The Services of the Company are being provided solely to monitor, track, and understand your dental health and oral hygiene.
11.2. The Services provided are intended to support self-assessments carried out at your own volition.
12.1. The Services on the Application are provided to you on an “as-is” and “as-available” basis.
13.1. The Company has no responsibility or liability for any action that you do or do not take based on the Services provided.
13.2. The Company shall not be liable for any business losses.
14.1. In the event of any grievances, you may send an email to support@toothlens.com or post a mail to 651N, Broad Street, Middletown Delaware 19709 USA.
15.1. You understand and agree that the Company may contact you through telephone, email, or SMS for various purposes.
16.1. The Terms and the Privacy Policy shall be governed by the applicable laws of the USA.
16.2. The Courts at Delaware, USA shall have exclusive jurisdiction.
17.1. Any unresolved dispute may be resolved by mediation under the Delaware Rapid Arbitration Act, 2015 (“DRAA”).
18.1. Any questions regarding the Services or usage of the Platform, please contact the Company at support@toothlens.com.
19.1. These Terms, including the Privacy Policy, constitute the entire agreement between you and the Company.
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