Tooth Fairy
TermsPrivacyBAA

Version 2026-09-01

Tooth Fairy — Terms of Service

Draft — attorney review pending.

Version 2026-09-01

These Terms of Service ("Terms") govern your access to and use of the Tooth Fairy web application and related services (the "Service"), operated by Tooth Fairy ("we", "us", or "our"). By creating an account, accepting these Terms in the application, or otherwise using the Service, you ("you" or "Provider") agree to be bound by them. If you do not agree, do not use the Service.

1. Who may use the Service

The Service is intended for use by licensed dental and orthodontic providers, their authorized workforce members, and other healthcare providers with whom patient records are shared. You must be at least 18 years old and authorized to act on behalf of any practice you represent. You are responsible for all activity under your account.

2. The Service

Tooth Fairy lets dental practices store, view, and share patient imaging and records — including 3D scans, CBCT/DICOM imaging, intraoral photos, and related clinical information — and collaborate with other providers. The Service is a tool for providers; it is not a medical device, does not provide medical or dental advice, and does not make clinical decisions. You remain solely responsible for the care you provide and for your independent clinical judgment.

3. Business Associate relationship

When you use the Service to create, receive, maintain, or transmit protected health information ("PHI") on behalf of a covered entity, we act as your Business Associate under the Health Insurance Portability and Accountability Act ("HIPAA"). Our handling of PHI is governed by a separate Business Associate Agreement ("BAA"), which a practice administrator must accept before the practice may use the Service to handle PHI. The BAA is incorporated into these Terms by reference for practices to which it applies.

4. Your responsibilities

You agree to:

  • Provide accurate account information and keep it current.
  • Keep your authentication credentials confidential and not share your account.
  • Use the Service only for lawful purposes and in compliance with all applicable laws, including HIPAA and state privacy and dental-practice laws.
  • Obtain any patient authorizations or consents required before uploading or sharing records, and share records only with providers who have a legitimate, authorized need to access them.
  • Not upload malware, attempt to breach the Service's security, probe or scan the Service, reverse-engineer it, or access data you are not authorized to access.
  • Promptly notify us of any suspected unauthorized access to or use of your account or any PHI.

5. Patient records and content

You retain all rights in the patient records and other content you upload ("Your Content"). You grant us a limited license to host, process, transmit, and display Your Content solely to provide the Service to you and, where applicable, as permitted by the BAA. We do not sell Your Content and do not use PHI for advertising. We may use aggregated, de-identified data (that cannot reasonably identify any individual) to operate and improve the Service.

6. Sharing

The Service lets you share patient records with other providers by link. Recipients must sign in and verify their email to view shared records; every access is authenticated and audited. You are responsible for choosing recipients and for revoking access when it is no longer appropriate. Sharing a record does not transfer ownership of it.

7. Availability, changes, and beta status

The Service is provided on an evolving basis and may include beta features. We may modify, suspend, or discontinue any part of the Service at any time. We aim for high availability but do not guarantee uninterrupted access. We maintain backups and a restore process, but you are responsible for retaining your own records as your practice's recordkeeping obligations require.

8. Fees

Fees, if any, will be described at the time you subscribe. Where the Service is provided at no charge during an early-access or beta period, we may begin charging on notice.

9. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service or its users. On termination, our handling and return or destruction of PHI is governed by the BAA. Sections that by their nature should survive termination (including Sections 5, 10, 11, and 12) survive.

10. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE BAA, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT IMAGING WILL RENDER IDENTICALLY ACROSS ALL DEVICES.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW OR THAT ARISES UNDER THE BAA, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE. NOTHING IN THESE TERMS LIMITS EITHER PARTY'S OBLIGATIONS UNDER THE BAA OR UNDER HIPAA.

12. Indemnity

You agree to indemnify and hold us harmless from claims arising out of Your Content, your use of the Service in violation of these Terms or applicable law, or your failure to obtain any required patient authorizations.

13. Changes to these Terms

We may update these Terms. When we do, we will publish a new version and require you to accept it in the application before you continue using the Service. Material changes take effect on your acceptance of the new version.

14. Governing law and disputes

These Terms are governed by the laws of the State in which we are organized, without regard to conflict-of-law rules. The courts located there have exclusive jurisdiction, unless applicable law requires otherwise.

15. Contact

Questions about these Terms can be directed to your Tooth Fairy contact. A formal legal-notice address will be provided on completion of attorney review.