1.Welcome to Toothlens website and smartphone application (“Online Services”), an online information and communication service provided (“Toothlens” or “We” or “Us”), subject to your agreement with all of these terms and conditions (“Terms”). Toothlens is a Pvt Ltd company currently incorporated under India’s laws and has its registered address at No1, Aditi, Anandapuram, Mylapore, Chennai-600004 India. Toothlens has already initiated the process of company incorporation in the USA.
Toothlens may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on Toothlens website. We will ask you to acknowledge that you have received the modified Terms before accessing the Services.
Concerning any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt-out. You can opt-out by sending an email to firstname.lastname@example.org/demo.
If you do not accept these updated Terms or do not wish to be bound by changes following posted notices, you should discontinue the use of the Websites and the Service.
Toothlens may offer website visitors the opportunity to participate in additional features or services from time to time. You may be required to enter into other agreements or provide authorizations before accessing such features or services.
2. The App
Toothlens is an artificial intelligence-powered dental hygiene self-check tool. The app’s goal is to inform you about dental health generally and provide you with the opportunity to look for indicators of some of the most common dental concerns such as tooth decay, visible plaque, and root exposure, and to indicate your dental health risks over time. We aim to create higher awareness about dental health by sending you reminders and providing you with information to keep you on track with your dental health journey.
The technology is intended to provide a risk indicator for the most common dental health concerns, based on photographs taken by you on the mobile device that you upload to the App.
We perform quality control of the App with a team of algorithm and image recognition experts collaborating with dental professionals. In cases where the potential dental health risk can be identified through the App, we will provide feedback to you about possible next steps. The goal of the app is to help you understand your dental health. It is not intended to replace traditional dental health risk evaluation methods, is not a diagnosis, and is not a substitute for a dental professional’s visits.
The App is not intended to be used by persons under 18 years old. The accuracy of the App is dependent on the photographs taken by you on your mobile device and provided through the App.
The App may be modified by us at any time, without notice.
No doctor-patient relationship
The Services are provided solely to you (Personal Services). No interactions within the Services create a doctor-patient relationship as defined under the relevant laws. Toothlens is designed to support the dental health decisions and choices that you make for yourself. In the context of health and wellness, your preferences should always be made in conjunction with your attending dental health care provider.
Data collection and data privacy
Your data is collected to provide you with the services, including the risk assessment, feedback, customer care, marketing, non-commercial communications, research activities, managing and improving our Services, and legal obligations.
3. Health Follow Up Policy
At Toothlens, we are continually improving our services by performing research activities. As part of the research activities, we may perform checks on the photos to verify the Toothlens Check’s accuracy. In case we think that it will benefit your health if we share the outcome of those checks, we may contact you outside of our regular automated communication. We will inform you about these findings by sending you a message to the email address that you have provided to us as your username. In case of a severe result, and when we cannot get in touch with you via your email address, we may try to contact you via the phone number you provided to us.
4. No Warranties
You understand and agree that Toothlens and any Services, content, or information contained on or provided by Toothlens is provided on an “as is” basis. Toothlens does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) about the service or any merchandise, information, or service provided through the service.
Toothlens does not guarantee that use of Toothlens Check will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms, and you understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output.
5. Fees for Services
1.In order to use the Online Services, you may be required to submit your billing and payment information. Before you are using the Online Services within the App, you will be required to pay the amounts due as listed in the App or on the Website. You expressly authorize us to charge you for any parts due using your payment information we file. All payment information will be processed, stored, and secured by our third-party payment provider.
Paid services are non-refundable. If you believe that there has been an error in billing, please contact us at email@example.com/demo
7. Discontinuance of Services
Toothlens reserves the right to modify, discontinue, temporarily or permanently, the Services, or any part thereof, at any time, with or without notice. When appropriate, Toothlens will give you a proportional refund. Also, your access to the Services may be discontinued at any time if you violate the Terms of this agreement or if we determine, if you purposely misuse the service or act in an unethical way, or for any other reason, that it is no longer appropriate for you to have access to the Services.
8. Disclaimer, Limitations, and Exclusions of Liability
1.The Toothlens Check is being provided to monitor, track, and understand your dental health. Online Services are intended to help understand and support self-assessments. Still, they are not to be used or relied on solely for any diagnostic or treatment purposes, and they do not replace a visit to the doctor. Any reliance by you is at your discretion and risk. The risk assessment is based on a smartphone generated picture, which may not be an actual representation of any discomfort you experience; therefore, it is highly recommended that you discuss your risk factors and your assessment results with your doctor. Toothlens shall not be liable for any decision you take to discuss your dental health, personal risk factors, and your assessment results with your doctor.
2.Toothlens makes no representation or warranties relating to the information contained in the online and in-app library. We do not warrant that the Online Services information will be available, complete, completely accurate, up-to-date.
3.Notwithstanding the previous, Toothlens reserves the right, but is not obligated, to refuse to post any content and remove your access to the Service.
4.We have no responsibility or liability for any action that you do or do not take because of or despite the App’s information. If you are experiencing a medical emergency or you have any concern about your medical condition in any way, you should seek immediate medical attention. You should not delay seeking medical advice, stop treatment, or disregard medical advice because of the information contained in the Toothlens Check.
5.Toothlens does not guarantee the correct functioning of Toothlens Check if you use Toothlens Check while you are subject to a contra-indication for the use.
6.To the maximum extent permitted by law, our liability to you is limited at our option to resupplying of Toothlens Check.
7.To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.We will not be liable to you regarding any losses arising out of any event or events beyond our reasonable control.
9.The Services are for domestic personal use only. Therefore, we will not be liable to you regarding any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business contracts, commercial opportunities, or goodwill.
10.You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.We shall not be liable for any content you publish on social media using a social media plugin on our website.
9. Copyright and Trademark Information
The mark “Toothlens” and the tooth with lens logo are trademarks and service marks of toothlens. International copyright laws protect the content and design of Toothlens. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as:
- you do not alter or modify the materials in any way;
- you include all applicable notices and disclaimers (including copyright notices). You do not use the materials in a way that suggests an association with Toothlens or an affiliated Toothlens entity. You understand and agree that these materials’ title shall not pass to you or any other user.
10. Consumer rules
Depending on your country, consumer protection rules may apply. We recommend you to take note of these.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of India and subject to the exclusive jurisdiction of the courts of India (insofar as this choice of law and forum is not set aside by (super)mandatory laws of other countries involved).
You may contact Toothlens at the contact details at any time at firstname.lastname@example.org