General Terms of Service

Toothprint · Version 1.1 · In force since September 11, 2026 · Español

These General Terms are the contract between you and Toothprint. They govern every surface of the product: the TPMotion app on iPhone and iPad, and the Toothprint Hub on the web. If you use any of them, this contract applies to you.

There is a second contract underneath this one, and it matters more than this one does. When you record a patient, you are the controller of that patient's data and we act on your instructions. That relationship is written in the Data Processing Addendum, which is part of this contract and which Colombian law requires us to have in writing.

In plain words. We make a jaw-motion tool for dentists. You own your patients' data. We run the platform on it and nothing else, unless the patient signs a separate authorisation for model development. It is not a medical device. Today it is free.

1. Who you are contracting with

We say "natural person" because that is what it is today. Toothprint is not yet a company. The entity is in formation, and when it exists this contract transfers to it under Section 17 without changing a word of what it says. We tell you this before you sign rather than after, because whom you are contracting with is the first thing a contract should answer.

"You" is the dental professional or the practice that opens an account. "We", "us" and "Toothprint" mean the provider above.

2. What the Services are

Toothprint records how a patient's mandible moves, using fiducial markers (AprilTag/ArUco), video and intraoral scans, and turns that into motion you can replay, measure and export.

The product has three surfaces and they are not interchangeable:

They write to the same record. A patient captured on the phone is the same patient in the Hub, under the same practice, with the same authorisations attached.

TPMotion is one app for both devices: the same download, the same account, no extra cost. What the iPad adds is screen, not features.

"Services" in this contract means all three, plus the backend that serves them.

3. Not a medical device, and not clinical advice

Toothprint has no clearance from the FDA, INVIMA, or any EU notified body, and it is not offered as a medical device. It is a measurement and decision-support tool. Nothing it produces is a diagnosis, and nothing it suggests replaces your judgment.

You decide what to do with a patient. You are responsible for that decision, for the clinical procedure around the capture, and for complying with the rules of your own profession in your own country. If any output of the Services looks like a recommendation, read it as information.

4. Who may open an account

The Services are for qualified dental professionals and the teams they authorise. By opening an account you state that you are one, or that you act for one.

We may ask you to prove it — a licence number, a professional registration, an official ID — and we may suspend an account while we wait. We do not run a formal accreditation body and we do not claim to verify every professional, so nothing in this section should be read by a patient as a guarantee that we checked.

Keep your credentials to yourself. Everything done from your account is treated as done by you.

5. The practice owns the patient, not the user

When you first sign in, we create a practice for you, even if you work alone. Every patient, appointment and session belongs to that practice.

This has a consequence worth stating plainly: if a professional leaves a practice, the patients stay with the practice. They are the practice's clinical records. The professional leaves with their account, not with the histories.

You control who belongs to your practice and with what role. Remove people who no longer need access, the day they no longer need it.

6. Patient authorisation, and what the app refuses to do without it

Capturing a patient's face and mouth needs the patient's authorisation. Our system is built in three layers and you should know what each one asks of you:

1. You declare, once, that you obtain informed authorisation from your patients before capturing them, and that you keep the signed records.
2. The patient signs on paper, on the printable form we publish, or on screen if you prefer. There are two optional boxes, independent of each other and off by default: one for model development and one for the record-card photograph, which is the only one that sends a patient's material to a third party's generative model. Refusing either changes nothing in the patient's care.
3. You confirm once per patient, in the app, before their first capture.

If that confirmation is not recorded, the app does not record a motion session, does not run a facial scan, and does not take a photograph of the patient. That is a technical restriction and not a policy statement: those three paths pass through the same check in the code and stop there.

We are being this specific on purpose. Photographs of models, radiographs and documents that you add to a case folder do not pass through that check, because they are not captures of the patient. If we wrote "the app does not capture" flat, the sentence would be wider than the code, and a promise wider than its implementation is the kind that gets read back to you.

What you warrant to us, by using the Services:

• that the authorisation was given before the capture, not after;
• that it was separate from the general consent to treatment;
• that both optional boxes — model development and the record-card photograph — were ticked by the patient, never pre-ticked, never bundled with each other or with anything else;
• that where the patient is a minor, their legal representative gave it;
• and that you hold the signed record and can produce it if anyone asks.

We hold the receipt of your confirmation. You hold the patient's signature. Both are needed and neither replaces the other.

7. Your data stays yours

You keep every right in what you upload or capture: scans, session video, motion frames, notes, reports, exports. We claim none of it.

You give us a licence to host, transmit, process, display and derive from that material for the sole purpose of providing, maintaining and securing the Services for you. It lasts as long as we hold the data and not a day longer.

This licence does not cover developing or training machine-learning models. That is a different purpose with a different legal basis, it requires the patient's own separate authorisation, and it lives exclusively in Section 16 of the DPA. We put this sentence inside the licence itself because a training right hidden in a broad "improve the Services" clause is the usual way this is done, and we would rather not do it that way.

What the Services generate from your data — visualisations, analyses, playbacks, and the Modjaw / ExoCAD / SmileCloud export files you ask for — is yours once delivered. The engine, the code, the methods and the models that produced it remain ours. The third-party file formats belong to their owners; we generate files that comply with them, and that is all.

8. What you may not do

The Acceptable Use Policy is part of this contract. The short version: do not break the law with it, do not attempt to re-identify anyone, do not present its output as a diagnosis, do not use it to train a competing model on your patients or ours, and do not misrepresent an exported file as endorsed by Modjaw, exocad or SmileCloud.

9. Price, and what happens when there is one

Today the Services are free. There is no paid plan and no card on file.

When paid plans arrive we will tell you at least 30 days in advance and you decide then. We will not convert a free account into a paid one silently, and we will not hold your data hostage to that decision: at any point, and for 30 days after you leave, you can export everything in a format a machine can read. After that window we delete it from active systems within a further 30 days, except for what the law makes us keep.

There are no backups to wait out, because we operate no restorable backup. That is convenient for the right to erasure and inconvenient for everything else, and it is stated with both of its faces in Security Practices, Section 7.

10. Confidentiality

What each of us learns about the other because of this contract stays between us: your patients' information, our architecture, whatever is marked confidential or is obviously so. Each of us protects it with at least the care we use for our own, and discloses it only to people who need it and are equally bound.

Either of us may disclose when the law compels it, after telling the other, if telling is lawful.

11. How this ends

Either of us may end this contract with notice. We may suspend an account immediately if it creates a security risk, infringes someone's rights, or breaks the Acceptable Use Policy.

When it ends: your access stops, you have 30 days to export, and we delete under Section 9. What survives: intellectual property, confidentiality, liability, and anything else that by its nature should.

One thing does not end with the contract. Material a patient authorised for model development stays with us, because that authorisation was given by the patient and does not lapse because you change software. The patient can revoke it at any time, directly or through you, and that revocation is honoured under Section 16.3 of the DPA.

12. Changes to this contract

We may change these terms. If a change materially affects your rights we will tell you at least 30 days before it takes effect, in the app or by email. If you do not want it, you may leave before it applies. Continuing to use the Services after that date is acceptance.

Every version we publish keeps its date. We do not edit a version in place and call it the same document.

13. Warranties, and their absence

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MOTION CAPTURE, OCCLUSAL ANALYSIS OR VISUALISATION IS ACCURATE ENOUGH FOR ANY PARTICULAR CLINICAL DECISION.

14. Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA. EACH PARTY'S TOTAL LIABILITY IN ANY 12-MONTH PERIOD IS CAPPED AT WHAT YOU PAID US IN THAT PERIOD, OR USD $100 WHERE YOU PAID NOTHING.

NOTHING HERE LIMITS LIABILITY FOR FRAUD, WILFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, OR ANY LIABILITY THAT THE LAW DOES NOT ALLOW US TO LIMIT. In Colombia, this cap does not affect the rights a titular holds under Ley 1581 de 2012, which cannot be waived by contract.

Neither of us answers for what neither of us controls: outages at a provider, attacks, strikes, disasters, war, government action. If that lasts more than 60 days, either of us may end the contract.

You cover us against third-party claims that arise from your breach of this contract, your unlawful use of the Services, or your violation of someone's rights — including a patient's privacy rights.

15. Law and courts

This contract is governed by the law of the Republic of Colombia, and disputes go to the courts of Medellín, Colombia. We say so because that is where the provider is, and naming a Delaware court while the counterparty is a natural person in Medellín would be a fiction.

Before anyone goes to court we both try to solve it, in good faith, for 30 days.

This does not take away the protection of mandatory law where you live. If you are in the European Union, the United Kingdom or Switzerland, the GDPR rights described in the Privacy Policy and the DPA apply regardless of this clause, and you may complain to your own supervisory authority. If you are in Colombia, you may go to the Superintendencia de Industria y Comercio.

16. If you got the app from the App Store

These terms are between you and us. Apple is not a party to them. Apple has no obligation to support or maintain the app. If the app fails to conform to any warranty, you may tell Apple and Apple will refund the purchase price, if any; beyond that, Apple has no other warranty obligation. Any claim about the app — product liability, a failure to comply with legal requirements, a claim under consumer-protection law — is our responsibility and not Apple's. If a third party claims the app infringes their intellectual property, we handle it, not Apple.

You state that you are not in a country subject to a U.S. Government embargo or designated as supporting terrorism, and that you are not on any U.S. list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of this Section 16 and may enforce it against you.

17. The rest

This is the whole agreement on its subject, together with the documents it links to. There are no side deals.

You may not transfer this contract without our written consent. We may transfer it to the company that will operate Toothprint once it exists, or in a merger, acquisition or sale of the business. If we do, the commitments in the DPA — in particular that the corpus is never sold and never licensed to anyone else for their own model development — travel with it.

Not enforcing a right does not waive it. Notices go by email: to the address on your account, and to hola@toothprint.ai for us. If a clause turns out to be invalid, the rest stands and the invalid one is replaced with the closest valid version of what it meant.

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In force since September 11, 2026 · Version 1.1

Version 1.1, amended 12 September 2026. Version 1.0 was published on 11 September and contained statements that a review against the running system showed to be wrong. They are corrected here rather than quietly edited, because a published document that changes without saying so is worth less than one that admits it changed: a page that said no third party ran AI inference on patient material, while a patient-photo feature was sending faces to a generative model; a security page that claimed point-in-time recovery and 12-month backups that were never configured; a deletion promise that gave one timeline for three destinations that do not run at the same speed; and a three-year destruction promise with no machinery behind it.