Terms of Service

Agreement to Terms

Welcome to MouthWise. These Terms of Service ("Terms") govern your access to and use of the MouthWise website, applications, and related services (collectively, "Services").

By accessing or using our Services, you explicitly agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you must refrain from using our Services.

Description of Services

MouthWise provides AI-powered oral injury analysis solutions for oral health professionals. Key features include:

• AI-based analysis of oral injuries
• Digital image storage and analytical data retention
• Professional reporting tools
• Educational resources

We reserve the right to modify, suspend, or discontinue any part of our Services, temporarily or permanently, at our discretion, with or without prior notice.

User Accounts

To access specific features, registration may be required. When registering, you agree to:

• Provide accurate, current, and complete information
• Promptly update your account information as necessary
• Notify MouthWise immediately upon any suspected unauthorized use
• Accept responsibility for activities under your account

MouthWise reserves the right to suspend or terminate accounts suspected of violating these Terms.

Subscriptions and Payments

MouthWise provides subscription-based access. By subscribing, you agree to:

• Pay all fees associated with your chosen plan
• Authorize recurring charges to your selected payment method
• Automatic renewal unless canceled before the renewal date
• Acknowledge that fees may change with prior notification

Payments are securely processed through Stripe. MouthWise does not directly store complete payment information.

Refund requests are subject to our Refund Policy, which is incorporated into these Terms.

User Content

Our Services allow users to upload and store oral images and anonymous patient data ("User Content"). You retain ownership of your content, granting MouthWise a non-exclusive, royalty-free license to use this content solely to provide and improve our Services.

You affirm that:

• You possess all necessary rights and consents, including patient permissions as required by laws (e.g., HIPAA)
• Your content does not infringe upon the rights of others

MouthWise assumes no responsibility or liability for any user-uploaded content.

Prohibited Conduct

You agree not to:

• Impair, disrupt, or overload the Services
• Deploy automated systems (bots, spiders, scrapers) without explicit permission
• Upload malware or harmful software
• Attempt unauthorized access to systems or networks
• Misrepresent your identity or affiliations
• Engage in illegal or unlawful activities
• Upload unlawful, defamatory, obscene, or privacy-infringing content
• Commercially exploit Services without authorization

Intellectual Property Rights

The Services and all content, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (excluding User Content), are owned by MouthWise, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality of the Services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Temporarily store cached data incidental to viewing
• Print or download limited materials solely for personal, non-commercial use

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MouthWise EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MouthWise DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USER CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

MouthWise IS NOT A REPLACEMENT FOR PROFESSIONAL ORAL HEALTH JUDGMENT. THE AI-POWERED ANALYSIS IS PROVIDED AS A TOOL TO ASSIST ORAL HEALTH PROFESSIONALS AND SHOULD NOT BE THE SOLE BASIS FOR CLINICAL DECISIONS. ORAL HEALTH PROFESSIONALS SHOULD USE THEIR OWN PROFESSIONAL JUDGMENT WHEN INTERPRETING RESULTS PROVIDED BY THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MouthWise SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• ANY CONTENT OBTAINED FROM THE SERVICES; AND
• UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL MouthWise'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless MouthWise, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Services; or
• Your violation of any rights of another.

Term and Termination

These Terms shall remain in full force and effect while you use the Services. MouthWise may terminate or suspend your access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Portugal.

Any disputes arising out of or relating to these Terms shall be exclusively resolved in the courts located in Funchal, Madeira, Portugal. You hereby consent to the jurisdiction and venue of these courts.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@mouth-wise.com
Address: MouthWise, is a product of Somazero, Lda, Rua Pombal, N.º 1, 3.º Esquerdo 9050-075 Funchal, Madeira, Portugal.