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Terms of Service

Last Updated: May 21, 2025

Agreement to Terms

Welcome to MouthWise, operated by Somazero, Lda ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the MouthWise website (https://www.mouth-wise.com), applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy (https://www.mouth-wise.com/privacy). If you do not agree with any part of these Terms, you must not use our Services. You must be a licensed dental professional, at least 18 years old, and authorized to practice in your jurisdiction to use our Services.

Description of Services

MouthWise provides AI-powered diagnostic tools for dental professionals, including:

  • AI-based analysis of dental images (e.g., X-rays, CBCT scans), processed in-memory without storage.
  • Storage of anonymized patient case descriptions (e.g., "caries on molar").
  • Professional reporting tools
  • Educational resources

We process dental images in-memory and do not store or retain them. Only anonymized text descriptions provided by you are stored, and you are responsible for ensuring no personally identifiable information (PII) or Protected Health Information (PHI) is included. We act as a data processor under GDPR and, for US users, a potential business associate under HIPAA.

Eligibility and Geographic Restrictions

  • Eligibility: You must be a licensed dental professional, at least 18 years old, and authorized to practice in your jurisdiction. You agree to provide accurate, current, and complete registration information and to promptly update your account information as necessary.
  • Geographic Restrictions: The Services are not available in countries requiring CE marking under the EU Medical Device Regulation (EU MDR), including the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden), European Economic Area (Iceland, Liechtenstein, Norway), Switzerland, Turkey, and Northern Ireland. We enforce these restrictions using IP geolocation and registration data. By accessing the Services, you confirm you are not located in, or providing services from, these 32 restricted countries.
  • Unauthorized Access: Accessing the Services from a restricted country is prohibited and may result in immediate account termination without refund. You are responsible for ensuring compliance with local medical device regulations in your jurisdiction (e.g., UKCA in Great Britain, ALIMS in Serbia).

User Accounts

To access the Services, you must register and maintain an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Promptly update your account information as necessary.
  • Maintain the security of your account credentials and notify us immediately at hello@mouth-wise.com of any suspected unauthorized use.
  • Accept responsibility for all activities under your account.

We reserve the right to suspend or terminate accounts suspected of violating these Terms, including uploading PII/PHI, accessing from restricted countries, or failing to comply with applicable laws.

Payments and Billing

The Services are available through subscription plans and one-off payments. By using our Services, you agree to:

  • Pay all fees associated with your chosen subscription plan or one-off purchases, as outlined in our pricing (https://www.mouth-wise.com/pricing).
  • For subscriptions, authorize recurring charges to your selected payment method via Stripe, our secure payment processor. Subscriptions renew automatically unless canceled before the renewal date.
  • For one-off payments, authorize charges for specific services (e.g., additional analyses or features) at the time of purchase.
  • Accept that fees may change with at least 30 days' prior notice via email or in-app notification.

Payments are processed securely by Stripe, and we do not store complete payment information. Refunds for subscriptions or one-off payments are subject to our Refund Policy, available in the section below.

Refunds and Returns

  • Eligibility: Refunds are available for new or renewed subscriptions if requested within fourteen (14) days of purchase that have not used any reports.
  • Process: Submit requests via hello@mouth-wise.com. Approved refunds are credited back to the original payment method within ten (10) business days.
  • Exceptions: No refunds for service downtime covered under SLA credits or abusive/multiple refund requests.
  • Legal Compliance: This section complies with applicable consumer protection laws, including EU Digital Content Directive and U.S. state refund posting requirements.

User Responsibilities for Data Input

  • Anonymization: You are solely responsible for ensuring that all data uploaded to the Services, including dental images and patient case descriptions, is anonymized and free of PII or PHI, such as patient names, dates of birth, medical record numbers, or other identifiers. We use automated tools to reject images containing identifiable data (e.g., DICOM tags with patient IDs) and may reject text descriptions containing potential PII/PHI.
  • Prohibited Data: You agree not to upload or input any PII, PHI, or personal data as defined by GDPR, HIPAA, or applicable laws, unless expressly permitted and compliant with regulatory requirements. We are not responsible for any PII/PHI you input and may delete such data without notice.
  • Accuracy and Compliance: You represent and warrant that all data you provide is accurate, lawful, and compliant with applicable regulations, including GDPR, HIPAA, and local medical device laws. You are responsible for any consequences arising from non-compliant data inputs.

Consent and Legal Basis

  • Patient Consent: You represent and warrant that, before uploading dental images or patient case descriptions, you have obtained explicit patient consent or another lawful basis as required by GDPR Article 9(2) (e.g., processing necessary for medical diagnosis) and, for US users, HIPAA. We act as a data processor (GDPR) or potential business associate (HIPAA) and rely on you, as the data controller or covered entity, to ensure compliance.
  • Documentation: You agree to maintain records of patient consent or legal bases and provide them to us upon request for regulatory verification.
  • Non-Compliance: We are not liable for your failure to obtain consent or a legal basis. We may suspend or terminate your account if you violate this clause.

Role as Data Processor

  • GDPR Data Processor: For patient case descriptions, we act as a data processor under GDPR, processing data on your behalf as the data controller. You must sign a Data Processing Agreement (DPA), available at hello@mouth-wise.com, outlining our respective responsibilities.
  • HIPAA Business Associate: For US users, if patient case descriptions or images inadvertently contain PHI, we may act as a business associate. You must sign a Business Associate Agreement (BAA), available at hello@mouth-wise.com, before uploading such data. We aim to process only anonymized data to minimize HIPAA applicability.
  • Limited Liability: We are not liable for any regulatory violations arising from your failure to comply with GDPR, HIPAA, or other laws as a data controller or covered entity.

Compliance with Medical Regulations

  • EU MDR Compliance: MouthWise is classified as a [Class IIa/IIb, pending confirmation] medical device under EU MDR (2017/745). To avoid non-compliance with CE marking requirements, we restrict access in the 32 countries listed in Section 3.2. You agree not to use the Services in these countries.
  • Local Regulations: You are responsible for ensuring that your use of the Services complies with medical device regulations in your jurisdiction (e.g., UKCA in Great Britain, ALIMS in Serbia). We are not liable for your failure to comply with local laws.
  • Regulatory Updates: We may update these Terms or restrict access to comply with evolving medical device regulations, with notice via email or in-app notification.

User Content

You retain ownership of your uploaded content, including dental images and patient case descriptions ("User Content"). By uploading User Content, you grant us a non-exclusive, royalty-free, worldwide license to process this content solely to provide and improve the Services, subject to our Privacy Policy.

You affirm that:

  • You have all necessary rights and consents, including patient permissions as required by laws (e.g., GDPR, HIPAA).
  • Your User Content does not infringe the rights of others or contain PII/PHI unless anonymized.

We assume no responsibility or liability for User Content. We may delete non-compliant content (e.g., containing PII/PHI) without notice.

Prohibited Conduct

You agree not to:

  • Impair, disrupt, or overload the Services.
  • Use automated systems (e.g., bots, scrapers) without permission.
  • Upload malware or harmful software.
  • Attempt unauthorized access to systems or networks.
  • Misrepresent your identity or affiliations.
  • Engage in illegal activities or upload unlawful, defamatory, or privacy-infringing content.
  • Access the Services from restricted countries (Section 3.2).
  • Upload PII/PHI in violation of Section 6.
  • Commercially exploit the Services without authorization.

Intellectual Property Rights

The Services and all content, features, and functionality (excluding User Content), including software, text, displays, and designs, are owned by Somazero, Lda, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in the Services or their content. You may not reproduce, distribute, modify, or create derivative works of the Services, except to:

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

Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free from harmful components, or that User Content will be secure or not lost.

The AI-powered analysis is a tool to assist dental professionals, not a replacement for professional judgment. You are responsible for verifying AI outputs and making clinical decisions. We are not liable for errors, omissions, or adverse outcomes from reliance on the Services.

Limitation of Liability

To the maximum extent permitted by law, Somazero, Lda, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, data, or other intangible losses, resulting from:

  • Your access to, use of, or inability to use the Services.
  • Any third-party conduct or content.
  • Any content obtained from the Services.
  • Unauthorized access, use, or alteration of your User Content.
  • Your failure to anonymize data, obtain consent, or comply with GDPR, HIPAA, EU MDR, or other laws.

Our total liability for all claims relating to the Services shall not exceed the amount you paid for the Services (via subscriptions or one-off payments) in the 12 months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Somazero, Lda, its affiliates, licensors, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, judgments, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms.
  • Your User Content.
  • Your use of the Services.
  • Your failure to comply with GDPR, HIPAA, EU MDR, or other laws.
  • Your violation of any third-party rights.

Term and Termination

These Terms remain in effect while you use the Services. We may terminate or suspend your access immediately, without notice or liability, for any reason, including breach of these Terms (e.g., uploading PII/PHI, accessing from restricted countries, or non-compliance with laws).

Upon termination:

  • Your right to use the Services ceases.
  • Stored case descriptions are deleted within 30 days, unless required by law.
  • Provisions that should survive termination (e.g., ownership, disclaimers, indemnification, liability limits) remain in effect.

You may terminate your account by contacting hello@mouth-wise.com.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Portugal, excluding conflict of law principles. For EU users, this does not affect your mandatory rights under GDPR or local consumer laws.

Any disputes arising from these Terms shall be resolved through binding arbitration in Funchal, Madeira, Portugal, conducted by the Portuguese Arbitration Association under its rules. You waive any right to participate in class actions. For GDPR complaints, contact your local data protection authority. For HIPAA concerns, contact the US Department of Health and Human Services (https://www.hhs.gov/).

Changes to Terms

We may modify these Terms at any time. Material changes will be notified at least 30 days in advance via email or in-app notice. By continuing to use the Services after revisions, you agree to the updated Terms. If you do not agree, you must stop using 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.