Terms and Conditions

1. These Terms and Conditions ("Agreement") govern the use of Tooth Truth ("Application") provided by Tooth Truth, Inc. ("Company").

2. By accessing or using the Application, you ("User") agree to be bound by this Agreement. If you do not agree to these terms, you are not authorized to use the Application. You must be 18 years of age or older to use the Application.

3. The Application is not for dental emergencies. If you have an emergency, you need to call 9-1-1.

4. Use of Tooth Truth does not establish a doctor–patient relationship.

5. IMPORTANT NOTICE. The Application and Company are not dental providers. Company does not diagnose or treat patients. By use of Application, Users have the ability to access dental providers and seek second opinions from dental providers. By using the Application, User understands that there is no dentist-patient relationship formed between User and Company, and any relationship formed between User and a dental provider through Application is strictly between User and the dental provider chosen by User.

6. Tooth Truth is a dental information and care-navigation platform that helps patients obtain clarity through first opinions and second opinions on dental findings by combining AI-assisted image analysis and review by a licensed dentist.

7. Tooth Truth does not provide treatment, replace in-person exams, issue final diagnoses, prescribe medication, or perform procedures.

1. The Application provides a comprehensive healthcare management platform that includes, but is not limited to, the following features and functionalities:

• Personal health record management and storage
• Transmission of dental records between dental providers upon request by User
• Appointment scheduling and management
• Secure messaging with healthcare providers
• Personalized health recommendations
• Medical document storage and sharing

2. The Company reserves the right to modify, enhance, suspend, or discontinue the Application or any part thereof at any time with reasonable notice to Users when practicable.

1. Company makes the Application available to patients and dental providers for the purpose of connecting patients to the dental provider of their choosing in their geographic area.

2. Company takes reasonable steps to require that all dental providers on the Application are qualified by requiring that they be in good standing with their state dental board, and are legally eligible to provide dental services to patients regardless of insurance coverage.

3. Company does not determine the dental provider you choose, but instead provides a list of qualified dental providers who have paid a fee to Company to be listed on the Application in User's geographic area. User is solely responsible for choosing their dental provider through the Application.

4. Dental providers listed on the Application do not have a financial interest in Company other than the receipt of payments for services provided to Users after being connected through the Application, except for Dr. Davin Odia, who is the founder of Company.

5. Dental providers are required to disclose to Company any action by a dental board, malpractice lawsuit where they were found to have performed poor services, criminal activity, restrictions on their license or ability to provide medications, or other adverse or disciplinary actions such as restrictions on their ability to provide services for hospitals or other certain entities. Dental providers may be removed from Application as potential options for Users upon receipt of certain actions as listed above or based on complaints by Users or others in the community that such dental provider is not providing quality care, provides care in a discriminatory manner, or in the reasonable clinical judgment of Company, such dental provider may pose a harm to Users.

6. Company takes complaints seriously and encourages Users to report any misconduct by dental providers.

1. The User agrees to use the Application solely for its intended purpose and in accordance with all applicable laws and regulations, including but not limited to healthcare privacy laws.

2. The User is responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. The User must immediately notify the Company of any unauthorized use of their account or any other breach of security.

3. The User shall not attempt to interfere with the proper working of the Application, or take any action that could harm or impair the operation of the Application, including but not limited to uploading malicious code, attempting to gain unauthorized access, or conducting denial of service attacks.

4. The User acknowledges that the Application is not intended to replace professional medical advice, diagnosis, or treatment. Users should always consult with qualified healthcare professionals regarding health concerns.

1. The Application and all of its content, features, and functionality, including but not limited to all information, software, algorithms, text, graphics, images, logos, and audio or video clips, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2. The User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Application for personal, non-commercial purposes, subject to the terms of this Agreement. No other rights are granted, and all other rights are expressly reserved by the Company.

3. The User shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, rent, or lease any portion of the Application without the prior written consent of the Company.

4. The Company actively monitors for potential intellectual property infringement and reserves the right to take appropriate legal action to protect its intellectual property rights.

1. The Company is committed to protecting the privacy and security of User data in compliance with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), and other applicable healthcare privacy laws and regulations.

2. The Company implements and maintains appropriate technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of User data, including but not limited to:

• End-to-end encryption for all data transmission
• Multi-factor authentication for account access
• Regular security assessments and penetration testing
• Employee training on data privacy and security
• Access controls and audit logging
• Secure data storage with regular backups
• Incident response protocols

3. The Company will only use and disclose User data as necessary to provide the Application's services, as authorized by the User, or as required by law. The Company will not sell, rent, or otherwise commercialize User data without explicit consent.

4. In the event of a data breach affecting User information, the Company will:

• Promptly investigate the incident and take necessary remedial measures
• Notify affected Users in accordance with applicable laws and regulations
• Cooperate with regulatory authorities as required
• Implement additional safeguards to prevent similar incidents

5. The User agrees to provide accurate and complete information and to promptly notify the Company of any changes to their personal or health information.

6. The User acknowledges that the security of electronic communications cannot be guaranteed and agrees to take reasonable measures to protect their own data and devices, including maintaining updated software, using strong passwords, and exercising caution when sharing sensitive information.

1. The Application is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. The Company does not warrant that the Application will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. The Company does not warrant that the results that may be obtained from the use of the Application will be accurate or reliable.

3. The Company does not guarantee that the Application will meet the User's requirements or expectations. Any material downloaded or otherwise obtained through the use of the Application is accessed at the User's own discretion and risk.

4. No advice or information, whether oral or written, obtained by the User from the Company or through the Application shall create any warranty not expressly stated in this Agreement.

5. Company does not provide diagnoses, through artificial intelligence or otherwise. All dental providers are required to utilize their own clinical judgment and any use of a third-party application, artificial intelligence, or other tool or technology is used solely upon the discretion of the dental provider. Any outputs by artificial intelligence, whether created, maintained, stored, or facilitated by Company are not determined, displayed, or controlled by Company and Company does not replace the clinical judgment of any dental provider.

1. In no event shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Application, including but not limited to medical or dental malpractice, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages.

2. The Company's total liability for all claims related to the Application shall not exceed $1,000 or the amount paid by the User for the Application during the twelve (12) months preceding the claim, whichever is greater.

3. The limitations of liability in this section apply to the fullest extent permitted by law and shall survive termination or expiration of this Agreement. These limitations do not apply to damages arising from:

• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

4. The User acknowledges that the limitations of liability set forth in this section are an essential element of the basis of the bargain between the Company and the User and that in the absence of such limitations, the terms and conditions set forth in this Agreement would be substantially different.

1. The Company reserves the right to suspend or terminate the User's access to the Application at any time for any of the following reasons:

• Violation of any provision of this Agreement
• Failure to pay any fees or charges associated with the Application
• Engagement in fraudulent, illegal, or harmful activities
• Upon request by law enforcement or regulatory authorities
• Extended periods of inactivity
• As reasonably necessary to protect the Company's interests

2. The Company will provide reasonable notice of suspension or termination when practicable, except in cases where immediate action is necessary to protect the Application, other Users, or the Company's interests.

3. Upon termination:

• The User's right to use the Application will immediately cease
• The Company will retain the User's data for a period of thirty (30) days, during which time the User may request a copy of their data in a standard electronic format
• After the thirty (30) day period, the Company may delete any of the User's data or information associated with the Application, subject to legal retention requirements
• Provisions of this Agreement that by their nature should survive termination shall remain in effect

4. The User may terminate their use of the Application at any time by discontinuing use and, if applicable, canceling any paid services through the appropriate account settings. PAYMENT FOR SERVICES CANNOT BE CANCELED AFTER THE SERVICE HAS BEEN PROVIDED.

By providing your mobile phone number and opting in, you consent to receive transactional SMS text messages from Tooth Truth related to your dental consultation and account activity. Text messages may include appointment confirmations, reminders, secure document upload links, consultation status updates, and other service-related notifications. Consent to receive text messages is not a condition of purchase. Message frequency varies. Message and data rates may apply. You may opt out of SMS communications at any time by replying STOP. For assistance, reply HELP or contact support@mytoothtruth.com. Tooth Truth does not send marketing or promotional text messages.

1. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.

2. Any dispute arising out of or in connection with this Agreement shall be resolved through the following process:

• The parties shall first attempt to resolve the dispute through good faith negotiations
• If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration
• The arbitration shall be conducted in Houston, Texas, by a single arbitrator in accordance with the rules of the American Arbitration Association
• The arbitrator's decision shall be final and binding on both parties
• The costs of arbitration shall be shared equally by the parties, unless the arbitrator determines otherwise

3. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, danger to another person, or violation of a party's intellectual property rights.

4. The User agrees that any claim or cause of action arising out of or related to the Application or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

5. User expressly waives the right to file any class action lawsuit, multi-district litigation suit, or other collective action, regardless of the type or name utilized in User's jurisdiction, by User or any group of Users.

1. This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Application and supersedes any prior agreements or understandings, whether written or oral.

2. If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable and valid, and the remaining provisions will continue in full force and effect.

3. The Company's failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights. No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of the Company.

4. The User may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign or transfer this Agreement, in whole or in part, without restriction.

5. The Company may provide notices to the User through the Application, email, or other reasonable means. The User consents to receive communications from the Company electronically.

6. Nothing in this Agreement shall be construed as creating a joint venture, partnership, employment, or agency relationship between the User and the Company or User and dental providers. COMPANY IS NOT ACTING AS AN AGENT OF ANY DENTAL PROVIDER AND DENTAL PROVIDERS ARE NOT ACTING AS AGENTS OF COMPANY.

7. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

8. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns, which may include any successor entity of Company.

9. By using the Application, the User acknowledges that they have read, understood, and agree to be bound by this Agreement.