Last updated: October 14, 2020
Please read these terms and conditions carefully before using Our Service.
These are the terms and conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions of Use set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all authorized users, visitors and others who access or use the Service.
If you are a patient or acting on behalf of a patient Your access to and use of the Service is also conditioned on Your consent to participate in a teledentistry consultation in accordance with the terms and conditions set forth below in the section entitled: "Patient Consent to Participation in a Teledentistry Consultation." If you do not agree to these term terms and condition or do not desire to give Your consent to participate in a teledentistry consultation in accordance with the "Patient Consent to Participate in a Teledentistry Consultation,” you may not access the Service.
If You Are A Dental Provider, a “Covered Entity”, or a “Business Associate, as those terms are Defined in Health Insurance Portability and Accountability Act of 1996, as amended, You and the Company (each, a “Party”) each agree to the “Business Associate Terms and Conditions” set forth below; provided, however, that if You and the Company have entered into a separate Business Associate Agreement, the terms of that agreement shall prevail and the Business Associate Terms and Conditions set forth below shall not apply.
For the purposes of these Terms and Conditions of Use capitalized words used in this agreement have meanings defined below.
Some parts of the Service are available only with a paid Subscription. If you enter into a Subscription with the Company You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew in accordance with the terms set forth in Your Subscription Order Form and the Terms and Conditions in effect at that time, unless You cancel or the Company cancels your Subscription.
You may cancel Your Subscription renewal at any time by providing note of cancellation not less than 30 days in advance of the end of a renewal period, either through submitting a ticket at help.teledentix.com, or emailing email@example.com. Cancellation requests can only be made by the authorized account holder.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You agree to provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
You agree to pay the Subscription Fee as indicated on Your Subscription Order Form, as modified or updated from time to time in accordance with these Terms and Conditions.
If you enter into a paid Subscription with the Company using a Credit Card, Your credit card will be charged the amount indicated in your Subscription Order Form each billing period until your Subscription is cancelled. You hereby authorize such regularly scheduled charges to your credit card and agree that this authorization will remain in effect until your Subscription is canceled.
Unless otherwise stated in Your Subscription Order Form, all amounts for which you are invoiced shall be paid in U.S. Dollars within seven (7) days after date of invoice.
Any payment not received by the date due shall bear interest from the date past due at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is more. In the event payment is ten (10) or more days overdue, the Company reserves the right to suspend the Services until the overdue amounts are paid in full.
In the event that payment due to the Company is collected at law or through an attorney-at-law, or through a collection agency, You agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorney’s fees.
The Subscription Fee set forth in the Subscription Order Form are net amounts to be fully paid without any tax deductions (in particular, any local withholding taxes on payments). You accept sole responsibility for the payment of any fees, taxes, charges, or assessments imposed on You or the Company to be paid to any foreign or domestic national, state, or local government bodies, or subdivisions thereof, and any penalties or interest.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service may allow You to transmit, receive and post Content. You are responsible for the Content that You transmit and post to the Service, including its legality, reliability, and appropriateness.
You agree to only post or upload information and media (like photos, videos, or audio) on the Application or Service platform that you have taken yourself or that you have all rights to transmit and which do not violate trademark, copyright, privacy, or any other rights of any other person. By uploading any media to the Application or Service platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at email@example.com.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign to the Company all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
In the event a jurisdiction does not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not fully apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of California, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For Users Outside of the United States
At this time the Service is available only to residents of the United States residing within its boundaries. The Service is not available to residents of countries other than the United States, or to individuals who reside outside of the United States’ borders. If You are a resident of a jurisdiction other than the United States of America or reside outside of the borders of the United States, then You may not access the Service.
For users Participating in the California Northstate University Teledentistry Demonstration Projects
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
Patient Consent to Participation in a Teledentistry Consultation
If You Are A Patient or Acting On Behalf Of A Patient, Please Read Carefully
If you are a patient or acting on behalf of a patient Your access to and use of the Service is conditioned on Your consent to participate in a teledentistry consultation in accordance with the following terms and conditions. These terms and conditions form a part of the overall Terms and Conditions applicable to use of the Service and apply to all patients, their authorized users, representatives, visitors and others who access or use the Service on their behalf.
Teledentistry involves the use of electronic technology to enable patients, dentists and other health care professionals to communicate, share patient information and provide and receive oral health care services without being together physically in a dental office.
Your teledentistry consultation may include an exchange of information similar to the information that would be exchanged in an in-office dental visit. This may include personal, demographic and financial information relating to registration and payment, a general and oral health history, review of test results, review of the output data from medical devices and the review and preparation of patient dental records. It may also include any video, audio and photo recordings shared or taken of Your during the consultation. All such information may be preserved as part of Your patient records and may be discussed with other health care professionals as deemed appropriate by Your oral healthcare professional.
Your teledentistry consultation may also include diagnostic, preventive, treatment, educational and other activities and services deemed appropriate by the dentist or other health care professional. This may include an oral examination, recording of the condition of Your teeth, ordering or review of X-rays, photographs and other diagnostic procedures and tests, development of a treatment plan, treatment and recommendations for additional follow-up treatment, referrals or consultations.
Your teledentistry consult and interactions may be conducted in real time (synchronous), captured and stored for review at a later time (asynchronous), or both.
Existing confidentiality laws applicable to Your dental care apply to Your teledentistry consultation. Reasonable and appropriate efforts have been taken by the Company to protect the confidentiality of information exchanged and stored in the course of Your teledentistry consultation. The dentist and other oral healthcare providers participating in Your teledentistry consultation are also bound by applicable confidentiality requirements.
Benefits, Risks and Alternatives
Benefits. A teledentistry consult provides access to oral health care when an in-office consultation may not be available, required, cost-effective or desired. It also provides efficient management of oral health and access to expertise that might not otherwise be readily available.
Risks. As with any medical procedure, there are potential risks associated with the use of teledentistry. Information transmitted may not be sufficient, or of sufficient quality to allow for appropriate decision making by the dentist or other oral healthcare professionals. An in-person consultation with a dentist may still be necessary after the teledentistry consult. A teledentistry consult may not reveal all of the conditions that would be discovered during an office visit. Limitations inherent to the remote nature of the teledentistry consultation include the potential for limited resolution of images, transmission interruptions, limited visual and physical examination, limitations on access to instrumentation, equipment, tests, ancillary personnel, drugs, emergency equipment, medical records, benefits and insurance verification. These limitations and others may render the consultation inadequate or misleading, resulting in incorrect or incomplete evaluation, consultation and treatment. A lack of access to medical records may result in adverse drug interactions or allergic reactions or judgement errors. In addition, security protocols could fail, causing a breach of privacy of personal healthcare information.
Alternatives. The alternative to a teledentistry consultation is an in-person consultation with a dentist in a dental office.
Rights and Acknowledgements
You may choose not to participate in a teledentistry consultation at any time before or during the consultation. If You decide not to participate, it will not affect Your right to future care or treatment. You have the option to seek an in-person dental consultation at any time before or after a teledentistry consult. Charges for teledentistry consultations, including those scheduled and not started or not completed are determined by Your oral health care provider.
This consent applies to the use of teledentistry services and participation in a teledentistry consultation. Any further information regarding specific recommendations, services or treatments and the risks, benefits and alternatives relating thereto may be provided to Your by the dentist or other oral health care provider.
Your Agreement and Consent
I have been informed of and understand the potential benefits, risks and alternatives of participating in the teledentistry consult. I understand I will have had the opportunity during and following the teledentistry consultation to ask questions about the information exchanged and the oral health care services provided in connection with my teledentistry consultation.
I specifically consent to the taking and use of video, photographic and radiographic images and oral recordings, and the transmission and retention of these images and recordings through the teledentistry Service for purposes of the teledentistry consultation and furthering my oral healthcare.
I acknowledge and agree that no guarantee or assurance has been made by anyone regarding any specific results or outcome from my participation in the teledentistry consultation or the services provided in connection therewith.
By clicking the “I Agree” button, or by downloading, accessing or using the Service, I voluntarily consent to participate in and receive oral health care services through a teledentistry consultation and acknowledge and agree to be bound by the forgoing terms and conditions.
I acknowledge receipt of this Patient Consent to Participate in a Teledentistry Consultation and confirm and agree that my electronic acceptance is the legally binding equivalent to my handwritten signature.
Business Associate Agreement
If You Are A Dental Provider, a “Covered Entity”, or a “Business Associate, as those terms are Defined in Health Insurance Portability and Accountability Act of 1996, as amended, You and the Company (each, a “Party”) each agree to the following terms and conditions (the “Business Associate Terms and Conditions”); provided, however, that if You and the Company have entered into a separate Business Associate Agreement, the terms of that agreement shall prevail and the following Business Associate Terms and Conditions shall not apply.
WHEREAS, each of the Parties is a Covered entity or performs services on behalf of covered entities (the “Covered Entities”) subject to the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d – 1320d-8 (“HIPAA”), as amended from time to time, and is required to safeguard individually identifiable health information of such covered entities that each such Party uses, discloses, maintains, or otherwise accesses (hereinafter “protected health information” or “PHI”) on behalf of such covered entities in accordance with the requirements HIPAA establishes and also the requirements set forth in the Health Information Technology Act for Economic and Clinical Health Act and any regulations promulgated thereunder (the “HITECH Act”); and
WHEREAS, the Parties each desire to delegate to the other certain tasks, as identified herein, which may involve the use or disclosure of PHI created, received or transmitted by the Covered Entity, the other Party and/or other business associates of the covered entities.