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Terms of Use for

ToothGuardian and OraWare Technology Pty Ltd Website

Last Updated: May 1, 2025

Welcome to ToothGuardian and the OraWare Technology Pty Ltd website! These Terms of Use (“Terms”) govern your access to and use of the ToothGuardian mobile application (“App”), the OraWare Technology Pty Ltd website(s) (“Website”), and any related services provided by OraWare Technology Pty Ltd (“we,” “us,” or “our”). By downloading, accessing, or using the App or Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App or Website.

1. Definitions

For clarity, the following terms have the meanings set forth below:

  • “You” or “User” refers to the individual using the App or Website, typically a parent or guardian managing a child’s dental health.

  • “App” means the ToothGuardian mobile application.

  • “Website” means the OraWare Technology Pty Ltd website(s), including any subdomains or related sites.

  • “Services” include all features, content, and functionality provided through the App and Website, such as the Smart Brushing Timer, AI Symptom Checker, Parent Forum, and educational resources.

  • “Content” refers to any text, images, videos, or other materials available within the App or Website.

  • “Child” refers to any individual under the age of 18 whose dental health is being managed through the App or Website.

2. Acceptance of Terms

By using the App or Website, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the App or Website on behalf of a child, you represent that you are the parent or legal guardian of the child and have the authority to bind them to these Terms.

3. Age Restrictions

The App and Website are intended for use by adults who are at least 18 years old or the age of majority in their jurisdiction. By using the App or Website, you represent that you meet this age requirement. If you are under 18, you may not use the App or Website without the supervision and consent of a parent or guardian.

4. User Accounts

To access certain features of the App or Website, such as the Parent-Assisted Checker, Appointment Manager, or user forums, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration.

  • Maintain the confidentiality of your account credentials.

  • Be responsible for all activities that occur under your account, whether on the App or Website.

  • Notify us immediately of any unauthorized use of your account at service@oraware.tech.

We reserve the right to suspend or terminate your account if we suspect any violation of these Terms or misuse of the App or Website.

5. Use of the App and Website

You agree to use the App and Website only for their intended purposes: managing your child’s dental health and accessing related educational resources. You may not:

  • Use the App or Website for any unlawful or prohibited purpose.

  • Upload, share, or transmit any harmful, offensive, or inappropriate content.

  • Attempt to gain unauthorized access to the App’s or Website’s systems or data.

  • Interfere with or disrupt the functionality or security of the App or Website.

  • Use the App or Website in a way that infringes on the rights of others, including intellectual property rights.

6. Intellectual Property

The App, Website, and all their Content, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of OraWare Technology Pty Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, distribute, or create derivative works from the App, Website, or their Content without our prior written consent.

  • Use any trademarks, logos, or branding elements without permission.

  • Reverse-engineer, decompile, or disassemble the App or Website.

You are granted a limited, non-exclusive, non-transferable license to use the App and Website for personal, non-commercial purposes, subject to these Terms.

7. Data Privacy and Security

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information, including data related to your child’s dental health, across both the App and Website. By using the App or Website, you consent to our data practices as outlined in the Privacy Policy.

We implement industry-standard security measures to protect your data, but no system is completely secure. You acknowledge that you provide information at your own risk and are responsible for maintaining the confidentiality of your account.

8. Disclaimers

8.1 General Disclaimer

The App and Website are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that the App or Website will be error-free, uninterrupted, or free from viruses or other harmful components.

8.2 Medical Disclaimer

The App and Website provide informational suggestions based on user input (e.g., through the AI Symptom Checker) but do not provide medical diagnoses, professional advice, or treatment. The information provided is for educational purposes only and should not be relied upon as a substitute for consultation with a qualified healthcare professional. Always seek the advice of a dentist or other qualified health provider for any questions regarding your child’s dental health.

8.3 Accuracy of Information

While we strive to provide accurate and up-to-date information, we do not warrant the completeness, reliability, or accuracy of the Content on the App or Website. You acknowledge that any reliance on the information provided is at your own risk.

9. Payment Terms

The App and Website may offer both free and premium features. Premium features require a subscription, and the applicable fees will be displayed within the App or on the Website at the time of purchase. Subscription fees are subject to change. Subscriptions are billed through your app store account (Apple App Store or Google Play) or through third-party payment gateways. You may cancel your subscription at any time, but refunds are not provided for partial billing periods. All payments are subject to the terms of your app store provider or the third-party payment gateway.

10. User-Generated Content

Certain features of the App or Website, such as the Parent Forum, allow you to upload, post, or share content (“User-Generated Content”). You retain ownership of your User-Generated Content but grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute it within the App or Website.

You agree not to post any content that:

  • Is unlawful, harmful, or offensive.

  • Infringes on the rights of others, including privacy or intellectual property rights.

  • Contains viruses, malware, or other harmful code.

We reserve the right to remove or moderate User-Generated Content that violates these Terms or is otherwise objectionable.

11. Third-Party Services

The App and Website may contain links to third-party websites, services, or resources (e.g., dental clinics, external educational content, or payment gateways). These third-party services are not under our control, and we are not responsible for their content, privacy practices, or availability. This includes third-party payment gateways used for processing subscription payments. You access third-party services at your own risk.

12. Termination

We may terminate or suspend your access to the App or Website at any time, without prior notice, for conduct that violates these Terms or is harmful to other users, us, or third parties. Upon termination:

  • Your right to use the App or Website will immediately cease.

  • We may delete your account and any associated data, subject to our Privacy Policy. Please note that it may take time to complete the removal of your data from our systems.

You may also terminate your account at any time by contacting us at service@oraware.tech.

13. Changes to Terms

We reserve the right to update or modify these Terms at any time. We will notify you of significant changes by posting the updated Terms within the App or on the Website, or via email. Your continued use of the App or Website after such changes constitutes your acceptance of the new Terms.

14. Dispute Resolution

These Terms and any disputes arising from your use of the App or Website are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts in Gold Coast, Queensland, for the resolution of any disputes.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OraWare Technology Pty Ltd regarding your use of the App and Website and supersede any prior agreements or understandings.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

Email: service@oraware.tech

By using ToothGuardian or accessing the OraWare Technology Pty Ltd website, you acknowledge that you have read, understood, and agree to these Terms of Use.

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