Privacy Policy and Terms of Use

 

1. Acceptance of These Terms & Privacy Notices

By creating an account, submitting photos, initiating a virtual consult, speaking with our call center, or otherwise using any Teledentistry.com website, mobile application, phone system, or related platform (collectively, the "Services"), you agree to be bound by these Terms & Conditions (the "Terms"), our Privacy Policy, and our HIPAA Notice of Privacy Practices ("NPP"), all incorporated herein by reference.

Binding Consent by Use / E‑Signature. BY ACCESSING OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THIS DOCUMENT; (B) CONSENT TO DOING BUSINESS ELECTRONICALLY; AND (C) AGREE THAT CLICKING “I AGREE,” CHECKING ANY ACCEPTANCE BOX, OR CONTINUING TO USE THE SERVICES CONSTITUTES YOUR ELECTRONIC SIGNATURE UNDER APPLICABLE E‑SIGNATURE LAWS AND IS THE LEGAL EQUIVALENT OF YOUR HANDWRITTEN ("WET INK") SIGNATURE.

If you do not agree, do not use the Services. 

Continued Use = Acceptance of Updates. We may modify these Terms, the Privacy Policy, or the NPP at any time. Changes are effective upon posting. YOUR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE CONSTITUTES ACCEPTANCE.

Record Retention. You consent to our maintaining electronic records of your acceptance and any communications, and agree such records are admissible to the fullest extent permitted by law.

2. Company & Service Description

TeleDentist PC, Inc. ("Company," "we," "us," "our") provides dental telehealth solutions, including but not limited to:

• Synchronous and asynchronous virtual consultations with licensed dentists ("Virtual Consults");
• Photo‑based dental assessments and analysis ("Photo Analysis");
• Questionnaire‑based risk assessments; and
• Messaging, appointment scheduling, prescription facilitation, and referrals to in‑network or participating dentists.

Not a Substitute for Emergency or In‑Person Care. Our Services do not replace an in‑person exam when clinically indicated. If you are experiencing a dental or medical emergency, call 911 or go to the nearest emergency room immediately.

Photo Analysis Limitations. Photo Analyses are based on limited visual data and are intended to provide guidance—not a definitive diagnosis. A comprehensive clinical examination may still be required.

Accessibility. We aim to provide digital accessibility in line with the Americans with Disabilities Act (ADA) and WCAG 2.1 guidelines and will make reasonable accommodations as required by law.

Independent Professionals. Licensed dentists providing care through the Services are independent professionals solely responsible for the dental services they provide. Teledentistry.com does not practice dentistry or control a dentist’s professional judgment.

No Medical/Dental Emergency Care. The Services are not intended for emergent conditions. If we determine your condition requires in‑person or emergent care, we may terminate the visit and direct you to seek immediate care; you remain responsible for all fees incurred to that point.

3. Non‑Refund Policy (Post‑Connection)

All fees are non‑refundable once you are "connected" to a dentist (live or async). "Connection" occurs when any of the following happens: (a) a dentist joins a live session; (b) a dentist reviews your submitted information/photos for an asynchronous consult; or (c) a dentist issues a prescription or clinical recommendation.

Pre‑Connection Cancellation. Prior to connection, you may cancel for a full refund unless otherwise stated at checkout.

Limited Exceptions. Refunds may be granted only if: (i) required by applicable law (e.g., billing errors or duplicate charges); (ii) a documented platform technical failure prevented delivery of services and we cannot reasonably remedy within two business days; or (iii) a clinician fails to review your asynchronous case within ten (10) business days after submission and we do not cure within two (2) business days of your written notice.

Chargebacks & Administrative Fees. You agree not to initiate chargebacks absent fraud by Teledentistry.com. If you do, and the chargeback is reversed, you will reimburse us for all associated fees and costs.

Sole Remedy. Refunds or service re‑performance under this Section 3 are your sole and exclusive remedies for service delivery issues.

Auto‑Renewal (If Applicable). Certain Services may auto‑renew for successive terms at the then‑current rate unless you cancel before renewal. We will disclose auto‑renewal terms at purchase.

Taxes. Prices exclude applicable taxes, duties, or levies. You are responsible for such amounts unless we are legally required to collect them

No refunds are permitted for past billing cycles.

4. Eligibility & Age of Consent

You represent and warrant that you:

• Are at least 18 years old (age of majority) or have verifiable parental/guardian consent; and
• Are legally permitted to receive telehealth services in your jurisdiction.

Minors. For patients under 18, a parent/legal guardian must create the account, provide consent, and participate in the consultation. We may request proof of authority.

Verification; Suspension. We may request proof of identity/authority at any time and may suspend or terminate access until satisfactory proof is provided. You are liable for all activity conducted under accounts you create or authorize.

5. HIPAA Notice of Privacy Practices (NPP)

5.1 Our Commitment to Your Privacy

We are a Covered Entity and/or Business Associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). We maintain administrative, technical, and physical safeguards to protect your Protected Health Information (PHI). Our full NPP describes how PHI may be used and disclosed and how you can access it. We must abide by the NPP while it is in effect. We reserve the right to change the NPP consistent with applicable law, and changes apply to all PHI we maintain, including PHI created before the change. We will post any updated NPP on our website and make it available upon request.

5.2 Permitted Uses & Disclosures of PHI

We may use/disclose your PHI for:

• Treatment – e.g., sharing with another dentist/healthcare provider for consults or follow‑up care.
• Payment – e.g., submitting claims to your insurer/plan and processing payments.
• Health Care Operations – e.g., quality assessments, customer service, auditing, training, and internal analytics.

Assessment & Report Generation. PHI (including photos and questionnaire responses) may be analyzed to provide personalized advice and next steps. Reports are securely stored and shared only with authorized dental professionals.

Follow‑Up on Routine Care. By using promotional items or Services, you agree we may follow up with your dental office to ensure appointments are kept.

Authorization. Additional uses/disclosures require your written authorization. You may revoke authorization any time by written notice; revocation does not affect prior disclosures.

Required by Law. We may disclose PHI when required by law.

Cost Reimbursement. If we are required to respond to a subpoena, court order, audit, government inquiry, or other compulsory process relating to your PHI or account, you agree to reimburse our reasonable costs (including internal personnel time at standard rates) and attorneys’ fees, unless prohibited by law.

5.3 Special Circumstances

We may disclose PHI in unique situations, including public health activities (e.g., disease control, abuse reporting, FDA reporting), to persons exposed to communicable diseases, or as otherwise permitted under HIPAA and state laws.

5.4 Electronic Communication Risks & Consent

You consent to receive communications via phone, voicemail, email, or text. While our vendors are HIPAA‑compliant, email/text inherently carry interception risks. By consenting, you accept these risks. If you do not consent, we may be unable to provide Services via those channels.

TCPA Consent. You expressly consent to receive autodialed or prerecorded calls and texts at any number you provide for service, billing, or care coordination purposes. You may revoke consent by emailing cc@teledentistry.com or using any provided opt‑out mechanism; standard carrier rates apply.

5.5 Your Rights

You have the right to request: confidential communications; access, review, and copies of your PHI; amendments; an accounting of disclosures; restrictions on disclosures; and to file a complaint with the U.S. Department of Health & Human Services. Submit requests in writing to our Privacy Officer at cc@teledentistry.com.

5.6 Data Retention & Destruction

We retain PHI only as long as necessary for treatment, payment, operations, or to meet legal obligations. Destruction follows state law and HIPAA retention requirements. State‑specific retention periods apply where longer. We may retain PHI longer than otherwise required if we reasonably believe it is necessary to comply with law, preserve evidence, or defend or prosecute legal claims.

5.7 Breach Notification

If a breach of unsecured PHI occurs, we will notify affected individuals (and regulators, where required) without unreasonable delay and no later than 60 days after discovery, consistent with HIPAA and state law.

5.8 De‑Identified Data & AI/ML Improvement

We may use de‑identified data (using HIPAA Safe Harbor or Expert Determination) to improve our Services, including developing and training AI/ML models. No data used will contain direct identifiers. You may opt out any time by emailing cc@teledentistry.com; opt‑out will not affect care. De‑identification will be documented and reviewed periodically. Opt‑out requests are prospective only and do not require deletion of models already trained.

Primary Treating Dentist/Provider Disclosure. You specifically authorize us to disclose your PHI, consult notes, photos, and assessment results to your designated primary dentist and/or primary care provider for treatment, payment, and health care operations purposes, consistent with HIPAA. You may revoke this authorization in writing to cc@teledentistry.com; revocation will not affect prior disclosures made in reliance on your authorization.

AI Output Disclaimer. Any AI/ML output is advisory only and is reviewed or may be reviewed by a licensed professional before clinical decision-making. It is not, by itself, a diagnosis or treatment plan.

Model Ownership. All de‑identified data sets, trained models, weights, derivatives, and improvements are the exclusive property of Teledentistry.com. No rights are granted to you in such models.

Bias & Quality Controls. We implement periodic testing for data drift, bias, and model degradation and may suspend or retrain models without notice.

Regulatory Status. Our AI components are not cleared or approved by the U.S. FDA as medical devices unless expressly stated. We may modify features to remain compliant with evolving regulations.

No Retroactive Purge. Opt-outs apply prospectively and do not require us to retrain or delete models already created.

6. U.S. State Privacy (CCPA/CPRA & Others) Consent

Where state privacy laws such as CCPA/CPRA, Colorado, Virginia, Connecticut, or Utah privacy laws apply:

• You consent to our collection, use, disclosure, and retention of personal information as described herein and in our Privacy Policy.
• You may exercise rights of access, correction, deletion, or opt‑out of certain processing by contacting cc@teledentistry.com.
• You consent to processing/storage of your information in the U.S. and, if applicable, other jurisdictions with appropriate safeguards.

We do not “sell” or “share” personal information as those terms are defined under the CPRA. We process sensitive personal information only for permitted purposes and do not use it to infer characteristics beyond those purposes.

7. Canada Users

We serve patients in Canada. To the extent Canadian privacy/health laws (e.g., PIPEDA/PHIPA) apply, we will comply. By using the Services, you consent to cross‑border transfer of your information to the U.S. with appropriate contractual/technical safeguards. Canada patients must pay in cash and can submit for reimbursement. You acknowledge and consent that your data may be stored/processed outside your province and/or Canada, and that such data may be accessible to foreign courts, law enforcement, and national security authorities. We rely on contractual and technical safeguards to protect such data.

8. Call Center Recordings & Data Entry

You consent to our call center personnel collecting information from you and entering it into our systems on your behalf during recorded calls. Recordings may be audited for quality, compliance, and security. We may rely on oral information as though submitted directly by you, subject to verification. By continuing the call after the recording notice, you provide all-party consent where required. You agree recordings may be transcribed using automated tools and used for quality, training, compliance, and dispute resolution. You must promptly review and correct any information entered on your behalf and notify us immediately if there is any incorrect information if you are not able to remedy on your own. 

Agent Authorization & Signature. You authorize our trained and contracted call center agents (“Agents”) to act as your limited agent solely to (i) transcribe your statements, (ii) populate required forms, and (iii) affix your electronic signature where you orally authorize them to do so. You acknowledge Agents have executed confidentiality and data protection agreements with us.

Verification Duty. You must review confirmations we send (email/text/portal) and report inaccuracies within five (5) days; otherwise, the information is deemed accurate and authorized.

Scope Limitation. Agents are not licensed clinicians and cannot provide medical/dental advice. Their role is clerical/administrative.

Information Relay. You authorize our Agents to transmit information you provide to your primary dentist/primary care provider when you ask us to coordinate such care.

9. Accounts, Security, SSO & MFA

You are responsible for maintaining the confidentiality of your credentials and all activities under your account. Notify us immediately at support@teledentistry.com of unauthorized use. We may enforce Single Sign‑On (SSO) and/or Multi‑Factor Authentication (MFA) for your protection. You are solely responsible for implementing reasonable security on your devices. Any loss arising from compromised credentials due to your failure to implement such measures is your responsibility. We may reset or revoke credentials at our discretion to protect the platform.

10. Payment, Insurance & Assignment of Benefits

You agree to pay all fees disclosed at checkout. By providing insurance information, you assign benefits and authorize us to submit claims and receive payment directly from your insurer. You remain responsible for non‑covered amounts. Coverage is determined solely by your insurer. You authorize us (and our payment processors) to store your payment method and to charge all amounts due, including copays, deductibles, and non‑covered services. Unpaid balances may accrue a late fee of the lesser of 1.5% per month or the maximum allowed by law. You are responsible for all collection costs, including reasonable attorneys’ fees. You authorize us to update your payment method using card updater/issuer services. Billing disputes must be submitted within 30 days of the charge; otherwise, the charge is deemed accepted.

11. Technology Requirements & Limitations

You need a compatible device, reliable internet, and (if applicable) a functioning camera. We are not responsible for service failures caused by your equipment, connectivity, or third‑party networks.

Scheduled/Unscheduled Downtime. We may suspend the Services for maintenance, upgrades, or emergencies without liability. We do not warrant that any data you upload will be preserved; you should maintain backup copies.

12. Intellectual Property

All content, trademarks, logos, and software in/on the Services are owned by or licensed to Teledentistry.com. You may not copy, reproduce, modify, distribute, or create derivative works without our prior written consent.

User License Grant. You grant us a non‑exclusive, worldwide, royalty‑free license to use, reproduce, modify, and display any content you upload solely for providing and improving the Services, fulfilling legal obligations, and as otherwise permitted herein.

DMCA / Takedown. If you believe content infringes your rights, notify cc@teledentistry.com with sufficient detail to allow us to act under the DMCA or applicable law.

13. Prohibited Conduct

You agree not to:

• Misrepresent identity, insurance, or symptoms;
• Upload unlawful, defamatory, or infringing content;
• Attempt unauthorized access, introduce malware, or disrupt the Services; or
• Use the Services in violation of any law or regulation.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Conduct security testing (including penetration or load testing) without prior written authorization.
• Users may not conduct or commission security testing without our prior written consent.

14. Third‑Party Services & Vendors

We may integrate with or rely on third‑party vendors (e.g., HubSpot, Twilio, cloud telephony, payment processors). Use of those services is subject to their terms. We select vendors with commercially reasonable diligence (including BAAs where required). HOWEVER, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES. YOUR SOLE REMEDY FOR THIRD-PARTY FAILURES IS AGAINST THAT THIRD PARTY.

15. Security, Compliance & SOC 2

We maintain administrative, technical, and physical safeguards reasonably designed to protect PHI and personal information and to align with the HIPAA Security Rule and, where commercially reasonable, the AICPA Trust Services Criteria (SOC 2). We are pursuing and will maintain a SOC 2 Type II audit. We retain security/access logs for at least 12 months (or longer where required by law). We maintain business continuity and disaster recovery plans. Nothing in this Section constitutes a warranty or guarantee of absolute security. You acknowledge that no system is 100% secure.

Incident Response Timeline. We will investigate and, where required, notify you of security incidents affecting your data in accordance with §5.7 and applicable law. Non-PHI incidents will be disclosed within a commercially reasonable time.

Limited Audit Rights. Any user-requested security audit must (i) be at your cost, (ii) not unreasonably disrupt operations, (iii) be limited to our relevant control environment, and (iv) follow at least 30 days’ written notice. We may satisfy audit requests by providing current third‑party certifications (e.g., SOC 2 Type II) or summaries thereof. Any penetration testing or vulnerability scanning of our systems by you or your vendors requires our prior written consent and a mutually agreed test plan; otherwise it is strictly prohibited.

16. Disclaimers

AS IS / AS AVAILABLE. Except as expressly stated, the Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, or non‑infringement. We do not guarantee any specific outcome from a consult or Photo Analysis.To the extent any implied warranties cannot be disclaimed under applicable law, such warranties are limited in duration to the shortest period permitted by law.

17. Limitation of Liability

To the fullest extent permitted by law, Teledentistry.com and its affiliates, officers, directors, employees, and agents are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or lost profits/revenues, even if advised of their possibility. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED DOLLARS (US $100). 

Some states do not allow certain limitations; in those states, our liability is limited to the maximum extent permitted by law. THE FOREGOING LIMITATIONS DO NOT APPLY TO OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATIONS OF APPLICABLE PRIVACY/SECURITY LAWS TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW.

Defense Costs Included. The caps above include defense costs and settlements/judgments, except to the extent such limitation is prohibited by law.

PHI Breach Cap. For claims solely arising from our breach of HIPAA privacy/security obligations, our aggregate liability will not exceed the greater of five (5) times the fees you paid in the prior twelve (12) months or US $250,000, unless prohibited by law.

Mass Arbitration Procedures. If 25 or more similar claims are asserted by the same or coordinated counsel, the parties agree to batch arbitration in groups of no more than 20, with selection of two test cases to proceed first; remaining cases are tolled pending the outcome of test cases.

18. Indemnification

You agree to indemnify, defend, and hold harmless Teledentistry.com and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) misuse of the Services; or (c) violation of applicable law. We will promptly notify you of any claim subject to this Section and allow you to control the defense and settlement, provided you do not admit fault on our behalf or impose obligations on us without our consent. We may participate at our expense.

19. Governing Law; Venue; Dispute Resolution

• Governing Law: Nevada law governs, without regard to conflict‑of‑law principles.
• Binding Arbitration: Except for small‑claims actions or injunctive relief (e.g., misuse of IP or PHI), disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You waive the right to a jury trial and to participate in a class action or class arbitration.
• Venue for Court Actions: Where court litigation is permitted, exclusive venue and jurisdiction lie in the state or federal courts located in Nevada.

20. Termination

We may suspend or terminate your access for any violation of these Terms, suspected fraud, or unlawful conduct. You may stop using the Services at any time. Sections 3, 5–7, 9–11, 14–21 survive termination. We may also terminate inactive accounts (no login for 12 months) or where required by law. Upon termination, we may retain data as described in Sections 5.6 and 21 to comply with legal obligations or defend claims.

21. Changes to This Document

We may update this document periodically. Material changes will be posted with a new “Last Updated” date. Continued use after the effective date constitutes acceptance.We may provide notice of material changes via email, in‑app notification, or prominent notice on our website. Regulatory or security‑related changes may take effect immediately for compliance/safety reasons. For material fee or liability changes, we will provide at least 30 days’ notice unless a shorter period is required by law or to address a security/compliance risk.

22. Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, and the NPP form the entire agreement between you and us.
• Severability. If any provision is invalid/unenforceable, the remaining provisions remain in effect.
• Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or asset sale.
• Notices. We may send legal notices electronically or by mail/courier. You must send notices to legal@teledentistry.com or the physical address below.
• No Third‑Party Beneficiaries. Except as expressly stated, no third parties benefit from these Terms.
• Force Majeure. We are not liable for delays/failures caused by events beyond our reasonable control (e.g., natural disasters, war, strikes), provided we take reasonable steps to mitigate.
• Time Limit to Bring Claims. ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CLAIM IS PERMANENTLY BARRED, TO THE MAXIMUM EXTENT PERMITTED BY LAW
• No Set‑Off. You may not offset or withhold any amounts due to us for any reason.
• Export Control. You agree to comply with all applicable export and re‑export control laws and regulations.
• Survival. All provisions that by their nature should survive termination will survive, including Sections 3, 5–7, 9–11, 14–26.
• Data Export on Termination. Upon written request within 30 days after termination, we will provide you with a copy of your non‑PHI personal information in a commercially reasonable format. After that period, we may delete or de‑identify such data, subject to legal holds.
• Audit / Inspection Costs. Any on-site inspection you request will be at your expense, and we may charge our then-current hourly rates for personnel required to support such inspection.
• Insurance. We maintain commercially reasonable general liability, cyber/privacy liability, and professional liability (malpractice) insurance or self-insurance; certificates available upon written request.
  

   

23. Provider Indemnity (if you contact dentists directly):

Each dentist or dental professional using the platform agrees to indemnify and hold Teledentistry.com harmless from claims arising from that professional’s acts or omissions in providing dental services. Each provider represents it maintains active licensure and malpractice insurance meeting minimum limits required by applicable law or payer contracts and will furnish proof upon request.Failure of a provider to sign a separate agreement does not waive this indemnity; by using the platform the provider agrees to these obligations.

24. AI‑Generated Content & Decision Support

• Informational Use Only. Any AI-generated messages, images, or recommendations provided through the Services are for informational purposes and must be interpreted by licensed professionals and/or you in consultation with such professionals.
• Human-in-the-Loop. We require or reserve the right to require clinician review before any clinical action is taken on AI suggestions.
• No Guarantee of Accuracy. AI systems may produce inaccurate or incomplete outputs. You acknowledge these limitations and agree not to rely solely on such outputs for critical decisions.
• User Feedback License. If you flag or correct AI output, you grant us a perpetual, irrevocable license to use that feedback to improve systems.
• No Reverse Engineering. You will not attempt to extract model weights or reverse engineer our AI systems.

25. Call Center & Subcontractor Agreements

We require all third‑party call centers and subcontracted personnel who may access PHI or personal data to sign Business Associate Agreements (where applicable), confidentiality agreements, and data protection addenda. We audit or obtain attestations of compliance on a periodic basis. Your sole remedy for their acts or omissions is against us, subject to the liability limits herein.

 26. Subprocessors & Data Transfers

We may use subcontractors and cloud providers (“Subprocessors”) to deliver the Services. We impose contractual obligations on Subprocessors to protect data to standards no less protective than ours. We remain responsible for their performance. A current list of core Subprocessors is available upon request. Objections must be raised in writing within ten (10) days of our notice; if you do not object within that period, or continue using the Services, you are deemed to have accepted the new Subprocessor..

Contact:
TeleDentist PC, Inc. d/b/a Teledentistry.com at cc@teledentistry.com