Toothpic Terms and Conditions - Find out the full T&Cs of using the Toothpic app

Terms and Conditions

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Terms of Use (Terms and Conditions)

OralEye Limited, (“OralEye”) offers mobile and on-line teledental services (the “Technology Services”) enabling our customers (“Customers”) to obtain remotely provided (virtual) dental screening services (“Virtual Dental Screenings”) by an independent dentist (“Independent Dentist”).

These Terms of Use, including the Disclaimers and General Legal Provisions set forth below, (the “Terms of Use”) describe the terms and conditions upon which a you may access and obtain Virtual Dental Screenings, including by use of the Toothpic mobile phone-based software application (the “App”), the website located at www.toothpic.com (the “Website”) and any related technology and services related to the Virtual Dental Screenings, including the accessing of Virtual Dental Screenings offered and provided by OralEye through a third-party entity (e.g., a licensed dental plan or otherwise) (hereinafter, the “Third-Party Entity”) to that Third-Party Entity’s members or otherwise, (collectively, the “OralEye Platform”). By accessing and using any component of the OralEye Platform you acknowledge that you have read, understand and agree to be bound by these Terms of Use and all other terms, conditions and policies that appear on the Oral Eye Platform. If you do not wish to be bound by any of these Terms of Use, you may not use the OralEye Platform or access the Technology Services or Virtual Dental Screenings.

1) OralEye may modify these Terms of Use from time to time by the posting of revised Terms of Use on the OralEye Platform, and OralEye may elect to terminate or otherwise interrupt the OralEye Platform at any time, for any reason, and without notice to you or other Customers. Your continued use of the Oral Eye Platform constitutes your agreement to be bound by any such revised Terms of Use.

2) OralEye and Third Party Entity do not practice dentistry and do not interfere with the practice of dentistry by Independent Dentists. Use of the OralEye Platform and Technology Services does not constitute the provision of dental services, including Virtual Dental Screenings, to Customers by OralEye or Third-Party Entity, or the receipt of Virtual Dental Screenings by Customers from OralEye or Third Party Entity. Only licensed dental professionals can provide Virtual Dental Screenings.

3) By utilizing the OralEye Platform to engage an Independent Dentist and obtain Virtual Dental Screenings from an Independent Dentist, you acknowledge and agree that such Independent Dentist, and not OralEye and not a Third-Party Entity, is responsible for his or her provision of services, including the Virtual Dental Screenings, and compliance with the requirements applicable to his or her profession and license (including compliance with applicable laws and standards of practice), and further agree that neither OralEye, its parent, subsidiaries, affiliates, officers, directors, agents and assigns (“OralEye”) nor any third parties (including any Third-Party Entity, its parent, subsidiaries, affiliates, officers, directors, agents and assigns) who promote and/or make available the Oral Eye Platform or or Virtual Dental Screenings, or provide you with a link or access thereto, shall be liable for any Virtual Dental Screenings or any action, inaction advice or services of any kind you obtain from an Independent Dentist via and/or related to the OralEye Platform.

4) Only individuals that are at least 18 years of age and have the legal right to agree to the Terms of Use and request Virtual Dental Screenings from an Independent Dentist may access and use the OralEye Platform or request Virtual Dental Screenings on their own behalf. OralEye does not knowingly allow individuals under the age of 18 to create accounts that allow access to the OralEye Platform.

    1. consents to such individual’s access and use of the OralEye Platform and Technology Services;
    2. agrees, on such parent or legal guardian’s own behalf and on behalf of such individual, to be bound by and comply to the Terms of Use;
    3. requests a Virtual Dental Screening from an Independent Dentist on behalf of such individual; and
    4. agrees that all communications regarding the Virtual Dental Screenings provided shall be solely through the OralEye Platform, that such parent or Legal Guardian will be responsible to monitor and review communications on the App and determine, in conjunction with and/or on behalf of such individual, how to respond to such communications, including any recommendations for follow-up or further dental or health services that may be needed or recommended by the Independent Dentist regarding such individual or;
    5. has access to the OralEye Platform through an employer, association, insurer or other third party program under contract with OralEye and by which you have enrolled on behalf of yourself and your dependents to receive access to the OralEye Platform and have consented to such access by your dependents (a “Qualifying Third Party Access Program”).

5) By accessing and using any component of the OralEye Platform you represent and agree that either: (1) you are at least 18 years of age and that you have the legal right to agree to the Terms of Use and request Virtual Dental Screenings from an Independent Dentist, or (2) you are the parent or legal guardian of a dependent who is under the age of 18 or otherwise lacks the legal right to agree to the Terms of Use and request a consult for Virtual Dental Screenings from an Independent Dentist on his or her own behalf (a “Dependent”) and you: (1) have the legal right to and have consented to the Dependent’s access to and use the OralEye Platform and Technology Services; (2) agree on such Dependent’s behalf and on your behalf, to be bound by and comply to the Terms of Use relating to your use and the Dependent’s use of the OralEye Platform; (3) are requesting and consent to a consult for Virtual Dental Screenings for the Dependent from an Independent Dentist; and (4) agree that all communications regarding the Virtual Dental Screenings provided on behalf of the Dependent shall be solely through the OralEye Platform and that you will be responsible to monitor and review communications on the App and determine, in conjunction with and/or on behalf of such Dependent, how to respond to such communications, including any recommendations for follow-up or further dental or health services that may be needed by or recommended for the Dependent by the Independent Dentist.

6) By utilizing the OralEye Platform and submitting a request for a consult by an Independent Dentist you are entering into a business relationship with OralEye for the receipt of Technology Services, and a separate clinician/patient relationship with an Independent Dentist for the receipt of Virtual Dental Screenings. OralEye’s charges, whether directly by OralEye and/or by a Third-Party Entity, for access to and use of the App (the “OralEye Fee”) is for the Customer’s access and use of the Technology Services only, and shall not be deemed to be charges for Virtual Dental Screenings. The Independent Dentist’s charges for Virtual Dental Screenings (the “Professional Fee”) is for Virtual Dental Screenings only and shall not be deemed to be charges for the Technology Services. The OralEye Fee and the Professional Fee are identified separately in the App, and are also combined and shown as a single amount due for your billing convenience only (the “Amount Due”). You agree to pay the full Amount Due in a single payment transaction at the time a consultation is requested, unless third party payment arrangements have been established through your employer, association, or other entity.

7) The OralEye Fee and Professional Fee are for a single instance of a single use of the App and the related submission of the questionnaire and dental images.

8) Refunds of the OralEye Fee will be considered upon request in the event of a failure of the OralEye App. Refunds of the Professional Fee are provided only at the discretion and direction of the Independent Dentist. Case abandonment by Patient is generally not a valid reason for a refund. An incomplete questionnaire or non-diagnostic quality images (e.g. cell phone images that are not sufficiently clear or readable) unrelated to a technology problem of the App are generally not valid reasons for requesting a refund. Requests for refunds are to be submitted by electronic mail, along with a full explanation of the circumstances to : refunds@oraleye.com. OralEye will review refund requests and, as necessary, coordinate with the Independent Dentist as needed and respond to Customer through the OralEye App.

9) You agree to the entry and storage of your personal and medical information and images in the OralEye computer database on behalf of the Independent Dentist, and further agree to the transmission of such information to Independent Dentists and to each clinician who may perform a telephonic consultation with you on the OralEye platform or otherwise.

10) OralEye believes it is very important to protect information transmitted to and from the OralEye Platform. Accordingly, OralEye has taken reasonable measures, in accordance with applicable laws, including HIPAA standards, to safeguard and protect such information. You understand and agree, however, that no computer or phone system is totally secure and that your transmittal of information through the OralEye Platform is at your own risk.

11) OralEye recognizes your privacy and, in accordance with our Privacy Policy, OralEye will not release information to anyone without your written authorization or as required by law, or in accordance with your health insurer’s privacy policy if applicable.

12) You agree to fully complete the questionnaire provided in the OralEye App, and further agree that all information you provide will be accurate, complete, provided in good faith and not misleading, and that Independent Dentist may rely upon the veracity and completeness thereof without further inquiry. You further agree to monitor the App following a request for a Virtual Dental Screening and to respond promptly and fully to any communications from the Independent Dentist, in the Independent Dentist’s sole discretion, requesting additional information or requiring your response.

13) In the event the Independent Dentist determines that your submitted images are of insufficient diagnostic quality, your submitted questionnaire is incomplete, and/or you fail to promptly respond to a request from the Independent Dentist for additional information, you will be contacted one additional time to request you correct the problem. It is very important that you respond promptly, as your health and well-being may otherwise be adversely affected. However, if you fail to correct the problem within one day of such notification you will be deemed to have abandoned your both your Technology Services and your request for a Virtual Dental Screening (“Case Abandonment by Patient”).

14) You acknowledge that you already have a primary care dental clinician and that neither OralEye nor the Independent Dentist is a substitute for a primary care dental clinician and/or a dental professional of any kind.

16) There is no guarantee that you will be accepted as a patient by an Independent Dentist beyond the limited scope of services provided by the Independent Dentist in his or her capacity when providing you with a Virtual Dental Screening.

17) If you are accepted as a patient by an Independent Dentist through the OralEye Platform, you have a right to your medical records in accordance with applicable law.

18) None of the OralEye Platform content (in contrast to information you receive in communications from Independent Dentists) should be considered medical advice of any kind nor should it be considered an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

19) The content of the OralEye Platform, such as the text, graphics, images, information and other material contained on the OralEye Platform (“Content”) is for informational purposes only. The Content is not intended to be a substitute for dental or medical advice, diagnosis, treatment or other services. Reliance on any information provided by OralEye, or information appearing on the OralEye Platform is solely at your own risk. Always seek the advice of your dental professional or other qualified health provider with any questions you may have regarding a dental or other health condition. Never disregard professional advice, or delay in seeking professional advice or treatment because of something you have read on the OralEye Site or because of any Virtual Dental Screenings you may have requested and/or received.

20) If you think you may have a dental or medical emergency, do not use the OralEye Platform. Rather, call your dentist, your doctor or 911 immediately.

DISCLAIMERS

THE ORALEYE PLATFORM AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ORAL EYE PLATFORM AND CONTENT IS AT YOUR SOLE RISK. ORALEYE, ITS AFFILIATES, CONTRACTED ENTITIES (INCLUDING ANY THIRD-PARTY ENTITY), PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THEE ORALEYE PLATFORM, INCLUDING, WITHOUT LIMITATION, THAT THE ORALEYE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE. WE DO NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
FURTHER, IN NO EVENT SHALL ORALEYE. OR ANY AFFILIATED OR CONTRACTED ENTITY (INCLUDING ANY “THIRD-PARTY ENTITY”, AS THAT TERM IS DEFINED HEREIN), PARTNER, SERVICE PROVIDER, THIRD PARTY WHO PROMOTES THE ORALEYE PLATFORM OR TECHNOLOGY SERVICES, OR PROVIDES A LINK OR ACCESS THERETO, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OF ANY KIND FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE ORALEYE PLATFORM, TECHNOLOGY SERVICES, CONTENT, AND/OR ANY VIRTUAL DENTAL SCREENINGS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU AGREE TO RELEASE INDEMNIFY, DEFEND AND HOLD HARMLESS ORALEYE AND ANY OF ITS AFFILIATES AND/OR CONTRACTED ENTITIES (INCLUDING ANY “THIRD-PARTY ENTITY” AS THAT TERM IS DEFINED HEREIN) FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS OF ANY KIND, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED IN ANY MANNER TO THE ORALEYE PLATFORM, TECHNOLOGY SERVICES, CONTENT, AND/OR ANY VIRTUAL DENTAL SCREENINGS, INCLUDING ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR INDEPENDENT DENTIST, YOUR COMMUNICATION (OR LACK THEREOF) WUTH ANY INDEPENDENT DENTIST, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU OF ANY KIND, INCLUDING THOSE RELATED TO YOUR USE OF THE ORALEYE PLATFORM OR PROVIDING OF INFORMATION, OR RECEIVING SERVICES THROUGH THE ORALEYE PLATFORM, OR ANY NEGLIGENT USE OF THE ORALEYE PLATFORM OR TECHNOLOGY SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

GENERAL LEGAL PROVISIONS

ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement relating to use of the OralEye Platform. The waiver or any modifications of any provision of the Terms of Use or any right, power or remedy hereunder shall not be effective unless signed by an authorized OralEye officer. These Terms of Use remain in full effect unless you have received a signed notice stating otherwise by a legally authorized OralEye representative, even if it appears to you otherwise due to an apparent failure or delay by OralEye to exercise a right or remedy it is entitled to under these Terms of use. If any of Term is deemed unenforceable for any reason by a court of law, the Terms of Use still remain in effect with the exception of that unenforceable term.

THIRD PARTY SITES. The OralEye Platform may sometimes provide links to other websites. This does not mean that the OralEye Platform endorses or in any way approves of the content available on the linked site, and unless stated otherwise in the link, the OralEye Platform has no control at all over any third-party website. The OralEye Platform’s privacy policies and practices do not apply to any website other than www.toothpic.com.

OPERATION AND RECORD RETENTION. We have complete discretion to suspend or permanently discontinue any functionality or any feature of the OralEye Platform for any or all users. We have no control over or responsibility for the integrity of data transferred by any electronic carrier, including transmission errors or corruption or compromise of data. We have the complete right to maintain, delete, or destroy all communications and materials posted or uploaded to OralEye Platform pursuant to our internal record retention and/or destruction policies in accordance with applicable law.

USE OF INFORMATION; LIMITATIONS ON USE. You agree that you will not access or use, or attempt to access or use, the OralEye Platform in an unlawful way or for any unlawful purpose. You hereby grant us an irrevocable, perpetual, unlimited right to use the information you provide to the extent not otherwise prohibited by applicable law. You represent and warrant that any and all information you provide on or to the OralEye Platform or to an Independent Dentist is accurate and complete to the best of your knowledge. This information includes, but is not limited to, name, address, location, age, phone numbers, email addresses, payment information, account numbers, and personal health information about you. You shall send secure, electronic messages to other parties solely for personal communication and no other purposes, including commercial purposes or for mass distributions of unsolicited e-mails. You agree not to transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is potentially contaminating or destructive to our files or programs or to the files or programs of any of our users. We reserve the right to delete any information provided by you that we deem in our sole discretion, to be unreasonable, fraudulent, abusive, defamatory, obscene, or in violation of a copyright, trademark, or other intellectual property or ownership right of any other person.

USAGE FOR UNITED STATES ONLY. We control and maintain the Website and the OralEye Platform in the United States, and we make no representation that the information provided on these site pages is appropriate or available for use in other locations outside of the United States. If you use this site from other locations, you are responsible for compliance with applicable local laws. If you are a citizen of the European Union, you may not use the OralEye Platform without first obtaining our written consent.

TERM AND TERMINATION. The Terms of Use shall commence upon the date you first access or use the OralEye Platform and/or complete the registration process. Either you or we may terminate the Terms of Use and your right to use the OralEye Platform at any time, with or without cause. The Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of the Terms of Use, or the rules for use of the OralEye Platform promulgated by us from time to time. Upon any termination, you will destroy all copies of our materials in your possession and cease any access to or use of the OralEye Platform.

NOTICE. We, at our sole discretion, may provide notice by e-mail to the e-mail address you provided us in registration, by a general notice on the OralEye Platform, by communication through the OralEye App, or by written communication delivered by first class U. S. mail or express courier to your address on record in the OralEye Platform account information. You may give notice to us at any time via electronic mail to notice@oraleye.com.

GOVERNING LAW; LOCATION OF LAWSUITS. The laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any conflict of law rules. You agree that any disputes, suits or other claims at law or equity arising out of or related to your use of the OralEye Platform and/or the content, including transactions entered into through this site, shall be filed only in the state or federal courts located in Kings County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that regardless of any statute or law to the contrary, any cause of action or claim against us or our affiliates, partners or its service providers and their respective officers, directors, employees, consultants, agents, and subsidiaries arising out of or in connection with these Terms of Use, your use of the OralEye Platform or information provided shall be instituted and served upon no later than twelve (12) months following the occurrence of the first event giving rise thereto or be forever barred. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the OralEye Platform.

Customer hereby agrees with and agrees to be bound by and abide with the foregoing Terms and Conditions.