TERMS OF SERVICE

These Terms of Service were last updated on Dec 10, 2023.

Welcome to Dr. Molar AI!

Dental Clinician ("Dr. Molar AI", "we", "us" and/or "our") provides its Dental Diagnosis Automation Platform (described below) to you through its website located at https://dentalclinician.com/ (the “Site”) and through its web application (the "Web App") and related services (collectively, such services, including any new features and applications it may make available, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DENTAL CLINICIAN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

The Service: Dr. Molar AI is a Dental Diagnosis Automation Platform that allows users to self-assess dental conditions. By answering routine dental examination questions (chief complaints, history of present illness, medical history, allergy history, personal history, clinical features), users can generate an electronic OPD report that includes a diagnosis and treatment recommendations. The Service includes a Dr. Molar AI platform for automated dental diagnosis and electronic OPD report generation and the Website Chatbot of Dental Clinician to all the users for enhanced user engagement and immediate assistance. Please review the section entitled Disclaimers below before using the Service.

Your Registration Obligations: You will be required to register with Dr. Molar AI in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.  In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Dr. Molar AI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Dr. Molar AI will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Dr. Molar AIreserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dr. Molar AI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Dr. Molar AI may establish general practices and limits concerning the use of the Service. Users medical data will be automatically deleted from our server after a specific period of time, determined by the path of their dental care journey, when it becomes irrelevant. You agree that Dr. Molar AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by or in connection with the Service. You acknowledge that Dr. Molar AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Dr. Molar AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to browse and access features of the web application online from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using a separate mobile application is not required. Dr. Molar AI's web interface is designed to be accessible directly through the browser on your mobile device. However, compatibility may vary among carriers and devices. By using the Mobile Services, you agree that we may communicate with you regarding Dr. Molar AI and other entities by WhatsApp, SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your Dr. Molar AI account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

            User Conduct: You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use or make available (hereinafter, “upload”) via or in connection with the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Dr. Molar AI. Dr. Molar AI reserves the right to investigate and take appropriate legal action against anyone who, in Dr. Molar AI’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Service to:

1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Dr. Molar AI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Dr. Molar AI or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.  solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Indian export controls.  No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Indian export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply withall local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

            Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.  The Service is for your personal use.

Apple-Enabled Software Applications

Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms.  With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple, and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Dr. Molar AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dr. Molar AI from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  Any use of the Service or the Service Content other than as specifically authorized herein is strictlyprohibited.  The technology and software underlying the Service or distributed in connection therewith are the property of Dr. Molar AI , our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by Dr. Molar AI.

The Dr. Molar AI name and logos are trademarks and service marks of Dental Clinician (collectively the “Dental Clinician Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dr. Molar AI. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dr. Molar AI Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Dr. Molar AI Trademarks will inure to our exclusive benefit.

            Third Party Content:  Under no circumstances will Dr. Molar AI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of any such content, or personal injury, death or property damage that may result from your use of the Services.  You acknowledge that Dr. Molar AI does not pre-screen content, but that Dr. Molar AI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Dr. Molar AI and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Dr. Molar AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Certain third party content may be governed by separate terms and conditions, and by agreeing to these Terms of Service, you further acknowledge receipt of and agreement to such terms.

            User Content Transmitted Through the Service:  With respect to the content or other materials you upload through or otherwise make available on the Service or otherwise share with or make available to other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  By uploading or otherwise making available any User Content you hereby grant and will grant Dr. Molar AI and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, the improvement of the Services, or as aggregated and/or de-identified for any lawful purpose, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Dr. Molar AI are non-confidential and Dr. Molar AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You acknowledge and agree that Dr. Molar AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dr. Molar AI, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Dr. Molar AIrespects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Dr. Molar AI of your infringement claim in accordance with the procedure set forth below.

Dr. Molar AI will process and investigate notices of alleged infringement and will take appropriate actions under the Section 52 of the Copyright Act. and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Dr. Molar AI’s Copyright Agent at dr.dentalclinician@gmail.com 

To be effective, the notification must be in writing and contain the following information:

●      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

●      a description of the copyrighted work or other intellectual property that you claim has been infringed;

●      a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

●      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 or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

●      your physical or electronic signature;

●      identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

●      a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

●      your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Federal Court of India and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Dr. Molar AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

            Repeat Infringer Policy:  In accordance with the Section 52 of the Copyright Act and other applicable law, Dr. Molar AI has adopted a policy of terminating, in appropriate circumstances and at Dr. Molar AI’s sole discretion, users whoare deemed to be repeat infringers.  Dr. Molar AI may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.]

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Dr. Molar AI has no control over such sites and resources and Dr. Molar AI is not responsible for and does not endorse such sites and resources.  You further acknowledge and agree that Dr. Molar AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Dr. Molar AI is not liable for any loss or claim that you may have against any such third party.

Dr. Molar AI does not claim any ownership rights over any Licensee Data. Dr. Molar AI reserves the right (but not the obligation) in its sole discretion to edit, review, or remove any Licensee Data that is via the Software or the Services, but Licensee shall not be responsible for such Licensee Data except as mentioned in Dr. Molar AI’s privacy terms (“Privacy Terms”). Licensee CONSENTS to let Dr. Molar AI use Licensee Data for the purposes of providing Services, to Licensee. Licensee further CONSENTS to let Dr. Molar AI use such Licensee Data for automated decision making, and for the purposes of improving the Services, and the Software. Dr. Molar AI/Software is hosted on third-party hosting services. The terms of usage for such services, including their privacy policy, can be found at:

• https://www.mongodb.com/legal/terms-of-use

• https://cloud.google.com/terms

• https://botpress.com/legal/terms-of-service

Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Company’s use, storage and disclosure of information related to you and your use of such services within Company (including your friend lists and the like). However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold Dr. Molar AI and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.

Disclaimers

Disclaimer of Warranties.  YOUR USE OF THE SERVICE (AND ANY THIRD PARTY CONTENT) IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DR. MOLAR AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

DR. MOLAR AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

            Medical Disclaimers. The Services are for informational and educational use only. We do not provide medical advice. Any information (including all Third Party Content) made available in connection with the Services is for your personal informational and educational use only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional dental advice, is not comprehensive and does not cover all uses, precautions, side effects warnings and interactions related to any pharmaceuticals or treatments, and does not take into account personal circumstances and should not be relied upon or construed to indicate that a user of a drug or treatment is safe, appropriate, or effective for a given individual. You should always seek the advice of your dentist or other health care provider, with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any dental disease or other medical condition or impairment or the status of your or someone else’s health. The information provided has not been reviewed for compliance with federal or state pharmaceutical marketing, advertising and disclosure statutes or recommendations.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN.

Dr. Molar AI does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be made available on the Services. If we make available any recommendations that identify for you, based on your Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your dentist or other healthcare provider. Dr. Molar AI believes that (a) the information it makes available is only part of the picture of any individual's state of being, and (b) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your self-reported symptoms, if any. Reliance on any information made available in connection with the Services is solely at your own risk.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DR. MOLAR AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DR. MOLAR AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DR. MOLAR AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DR. MOLAR AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A PARTICIPANT FROM INDIA, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF INDIA.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF INDIA, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Dr. Molar AI will have no liability or responsibility with respect thereto. Dr. Molar AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Dr. Molar AI and govern your use of the Service, superseding any prior agreements between you and Dr. Molar AI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Dr. Molar AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within India.  The failure of Dr. Molar AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Dr. Molar AI, but Dr. Molar AI may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Questions?  Concerns?  Suggestions?
Please contact us at dr.dentalclinician@gmail.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.