TERMS AND CONDITIONS OF USE & DISCLAIMER

1. Introduction and Acceptance

1.1. These Terms and Conditions ("Terms") govern your access to and use of the SmileMore AI tool (the "Tool").

1.2. By accessing, browsing, or using the Tool, you ("the User", "Dentist", "Practitioner") acknowledge that you have read, understood, and agree to be bound by these Terms.

1.3. If you do not agree to these Terms, you must immediately cease using the Tool.

2. Nature of the Tool (No Medical Advice)

2.1. Visualisation Aid: SmileMore AI is a visualisation and marketing tool designed to generate simulated images of potential dental outcomes using Artificial Intelligence (Google AI).

2.2. Not a Treatment Plan: The images, notes, and suggestions generated by the Tool do not constitute a clinical treatment plan, medical advice, or a diagnosis. They are generated automatically and have not been reviewed by a specialist prior to display.

2.3. Professional Responsibility: You acknowledge that you are a qualified dental professional. You agree that:

• You are solely responsible for the clinical assessment, diagnosis, and treatment planning for your patient.
• You will not rely solely on the Tool’s output to make clinical decisions.
• You must verify the clinical viability of any visual suggestion provided by the Tool before proposing it to a patient.

2.4. No Guarantee of Result: MoreDent does not guarantee that the clinical results achieved in reality will match the simulation generated by the Tool. The simulation is an artistic approximation.

3. Data Privacy and Security

3.1. Image Processing:

• Images uploaded or captured via webcam are processed using Google AI integration.
• No Server Storage: MoreDent does not store patient images on our servers. Images are held in your local browser’s Session Storage.
• Data Wipe: Upon closing the browser, refreshing the page, or after 1 hour of inactivity, the session data is automatically deleted. It is your responsibility to download any PDF reports before the session expires. MoreDent cannot recover lost session data.

3.2. Patient Information (Name and Email):

• You acknowledge that the Tool captures the patient's name and email address to facilitate the generation and delivery of the report.
• By inputting this data, you warrant that you have obtained all necessary consents from the patient to share their personal information with MoreDent for this purpose, in accordance with the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic).

3.3. Google AI Integration: By using this tool, you acknowledge that image data is transmitted to Google AI APIs for processing. While MoreDent utilizes secure transmission protocols, we are not liable for the data handling practices of third-party AI providers.

4. User Obligations

4.1. Patient Consent: You warrant that you have obtained express permission from the patient to:

• Take their photograph (via upload or webcam).
• Upload said photograph to this Tool for digital analysis.
• Input their personal contact details.

4.2. Permitted Use: You agree to use this Tool only for lawful professional purposes within the scope of your dental practice.

4.3. Prohibited Conduct: You must not:

• Reverse engineer, decompile, or disassemble the Tool.
• Use the Tool to upload content that is offensive, illegal, or infringes on the intellectual property of others.

5. Intellectual Property

5.1. Ownership: MoreDent retains all ownership rights, title, and interest in the SmileMore AI software, interface, and underlying code.

5.2. The Report: The generated PDF report is licensed to you for use with your specific patient. You may store a copy locally or provide it to the patient.

6. Limitation of Liability

6.1. Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified (including the Competition and Consumer Act 2010 (Cth)).

6.2. Limitation: To the maximum extent permitted by law:

• MoreDent is not liable for any indirect, special, incidental, or consequential damages (including loss of data, loss of profits, or business interruption).
• MoreDent’s total liability for any claim arising out of or relating to these Terms or the Tool is limited to the amount you paid to access the Tool (if any) or the resupply of the services.

6.3. AI Hallucinations: MoreDent is not liable for errors, "hallucinations," or anatomical impossibilities generated by the AI model.

7. Indemnity

7.1. You agree to indemnify and hold harmless MoreDent, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your access to or use of the Tool.
• Your violation of these Terms.
• Any dispute between you and your patient regarding the disparity between the AI simulation and the actual clinical result.

8. Modifications to the Tool

8.1. MoreDent reserves the right to modify, suspend, or discontinue the Tool (temporarily or permanently) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance.

9. Governing Law

9.1. These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State.