Terms & Conditions of Use

Virtual Dental Care, Inc.

Teledentix®

Last updated: June 23, 2020

Please read these terms and conditions carefully before using Our Service.

 

Acknowledgment

 

These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms 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.

By clicking the “I Agree” button, or by downloading, accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy can be found on our website (https://get.teledentix.com/privacy-policy) and describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.  Please read Our Privacy Policy carefully before using Our 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.

 

Definitions

 

For the purposes of these Terms and Conditions of Use capitalized words used in this agreement have meanings defined below.

  • Application means provided by the Company and downloaded or accessed by You on any electronic device.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Virtual Dental Care, Inc., 5319 University Drive, Suite 172, Irvine, California 92701.
  • Consent refers to the terms and conditions contained in the section below entitled: “Patient Consent to Participation in a Teledentistry Consultation.”
  • Content refers to content such as text, images, or other information that can be transmitted, posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Country refers to the United States of America.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our service, or changes, additions or improvements related to our Service.
  • Service refers to the Virtual Dental Care Application, the teledentistry services platform utilizing the Teledentix ® software and the Virtual Dental Care Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Free Trial refers to a limited period of time that may be free when obtaining a Subscription.
  • Terms and Conditions (also referred as "Terms") mean the Terms and Conditions of Use that form an agreement between You and the Company regarding the use of the Service, as in effect from time-to-time.
  • Third-party Service means any services or content (including data, information, applications and other products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to the Virtual Dental Care Website, accessible at https://virtualdentalcare.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Subscriptions

 

Subscription Period

 

The Service or some parts of the Service are available only with a paid Subscription. 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 under the terms and conditions in effect at that time unless You cancel it or the Company cancels it.

 

Subscription Cancellations

 

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.

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.

 

Billing

 

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Fee Changes

 

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.

 

Refunds

 

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.

 

Free Trial

 

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.

 

User Accounts

 

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.

 

Content

 

Your Right to Post Content

 

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. 

Content Restrictions

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:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating confidentiality or inappropriately disclosing confidential information of another person.
  • Violating the privacy of any third person.
  • False information and features.

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.

 

Copyright Policy

 

Intellectual Property Infringement

 

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 dmca@virtualdentalcare.com 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.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

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):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at dmca@virtualdentalcare.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.

 

Intellectual Property

 

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.

 

Termination

 

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.

 

Governing 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.

 

Disputes Resolution

 

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

 

If You are a provider participating in (i) the California Northstate University (CNU) teledentistry demonstration project under the direction of Dr. Paul Glassman pursuant to the California Department of Health Care Services grant under the Dental Transformation Initiative component of the MediCal 2020 Waiver, or (ii) the private teledentistry demonstration project study being conducted by CNU under the direction of Dr. Paul Glassman (each, a Demonstration Project) the following additional terms and conditions apply:

 

  • You agree to comply with the all applicable Demonstration Project participation rules as established by the Demonstration Project you are participating in, including providing on a monthly basis the data as specified by the Demonstration Project.
  • You hereby authorize the Company to provide to CNU on your behalf the data as specified by the Demonstration Project collected by the Company from your use of the Service for the purpose of conducting and reporting on the Demonstration Project.
  • You assign to the Company all rights, title and interest in any Feedback You provide in connection with Your participation in the Demonstration Project, regardless whether such Feedback is provided to the Company or a party affiliated with the Demonstration Project. 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.
  • You acknowledge and agree that Your access to and use of the Service and any related pricing or payment terms are dependent upon your active enrollment as a Demonstration Project provider and will continue only during the course of the Demonstration Project and only for so long as you are on the list of active providers provided to Us by CNU.

 

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

 

Severability

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.

 

Waiver

 

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 at least 30 days' 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.

 

Contact Us

 

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 Consultation

 

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. 

Confidentiality

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.