Salivary testing terms and conditions of service

Last Updated: JAN 9, 2023

Welcome to Dentulu’s salivary testing terms and conditions of service

Dentulu,Inc. d/b/a Dentulu (“Dentulu”) provides a platform and services to empower people with information, access to professional care, and resources for the improvement of personal oral health and general wellness. Our services include access to the Dentulu website, mobile app, web app, Dentulu’s network of dentists, dental professionals, oral health advocates as well as personal testing services, including the collection and analysis of biological samples such as saliva.

Using the sample collection kits (“Kits”), our customers collect biological samples (a “Sample” or “Samples”) and submit them to Dentulu and its partners for testing and analysis. These Samples are subjected to a testing process that generates sample data ("Sample Data"). Sample Data together with customer-provided information are analyzed using Dentulu’s proprietary technology and Laboratory generated recommendations to generate unique and customized test results (“Test Results”) that Dentulu will use to send you personalized recommendations to optimize your oral health and general health via the Dentulu website located at www. Dentulu.com or, the web application at app.dentulu.com, or on a mobile app, tablet, via email, and/or other methods.

Customers will be required to create an account on Dentulu’s web or mobile application (“Dentulu Account” or “Account”) and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Dentulu and view the results and recommendations sent by Dentulu and its partners.

Dentulu’s Terms of Service (referred to as “Terms”) makes up the agreement between Dentulu Inc. (“Dentulu”) and you. These Terms govern your use and access to Dentulu’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not (collectively, the “Services”).

Please read the Terms carefully, and any policies, guidelines or rules applicable to such Services, as they constitute a legal agreement between Dentulu and you. We also encourage you to review our Privacy Statement for additional information. Of course, if you do not agree with our Terms or any other policies, then do not use the Services. You can delete your account from your Account Settings at any time.

These Terms apply to you if you live in the United States or if you access our Services in the United States. If you live outside the United States, please review the Terms available in the respective region specific to the Dentulu Services you access.

1. Who can use the services

We believe everyone should be able to access, understand, and benefit from their oral microbiome, bacterial composition, and even particular genomic predispositions. There are, however, a few restrictions about who can use our Services. By using the Services or creating an account, you represent, warrant and agree that:

• You can form a binding contract with Dentulu
• You are not a person barred from receiving the Services under the laws of the jurisdiction from which you use the Services;
• You are at least 18 years old
• Any sample you provide to Dentulu is either your own, or the sample of a minor for whom you are a parent or legal guardian, or the sample of a person for whom you are a legally authorized representative; and
• You are not an insurance company or an employer

Other Terms and Conditions

If you choose to use or purchase additional Services for a business or commercial purpose, or any purpose other than personal use, they may have their own terms and conditions. The specific terms and conditions associated with the use or purchase of additional Services are made a part of these Terms by this reference. Just like you agree to these Terms, you agree to abide by those additional terms and conditions too. If there is a conflict between these Terms and the additional terms for a specific portion of the Services, the additional terms will govern your use or purchase of the additional Services. Dentulu’s obligations, if any, with regard to Services are governed solely by the agreements according to which they are provided, and nothing presented through the Services should be construed to alter such agreements.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

• Teledentistry Terms and Conditions
• Dentulu Privacy Policy

Each of these terms and conditions may be changed from time to time. Once we post changes on the Services, they are effective immediately. Dentulu may make changes to the Terms in the future. If we make a material change to the Terms, we will notify you, such as posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by the revised Terms.

Risks and Considerations Regarding Dentulu Services

Once you obtain information about your oral health and the microbiome that may include bacterial, viral, fungal, or genomic makeup of your oral biome, the knowledge is irrevocable. Knowledge is power but it can sometimes be scary. Our goal is to provide you insight and information and once you see the results you cannot “unsee” it. You should not assume that any information provided to you about your oral health, whether now or as research advances, will be welcome or positive. Sometimes, we may find dangerous bacteria or elevated results of pathogens that increase risk factors for serious disease and this may alarm you. As research advances, you may need to obtain further Services from Dentulu, your dentist, your physician, a genetic counselor, or other healthcare providers. We encourage you to talk to a licensed dental professional as well as a physician to help you understand your results, their implications, and different forms of treatment that may help you.

Some people may feel a little anxious about getting oral health results and you may learn information about your oral health, your general health, and yourself that you do not anticipate. This is normal. If you feel very anxious, you should speak to your physician, dentist, or a therapist prior to collecting your sample for testing. Additionally, you may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., you may have herpes, fungal infections, or that someone with your genotype may have a higher-than-average chance of developing periodontal conditions or disease).

You should not change your health behaviors solely on the basis of Risk Assessments received from Dentulu.

Dentulu’s Salivary Testing Services are not intended to diagnose any condition or disease.

• For most common diseases, the pathogens we know about are only responsible for a small fraction of the risk. Your genetics, ethnicity, environmental factors, lifestyle choices, and oral hygiene are far more important predictors and may affect the relevance of each report and how your results may be interpreted.
• The Services are not intended to tell you anything about your current state of health nor to be used as a sole determinant to make medical decisions, including whether or not you should take a particular medication, how much of a medication you should take, or determine any specific treatment without a doctor’s evaluation, diagnosis, and prescription.
• If you have concerns or questions about what you learn through Dentulu, you should contact your dental professional, physician or other healthcare provider before making any lifestyle changes.
• Dentulu Salivary testing services are for research, informational, and educational use and to help provide our customers better insight into the oral microbiome and potential risk factors for other chronic conditions. Alone they do not constitute or provide any medical advice and no diagnosis is made or implied with a salivary test alone. Please note, the Information provided by Dentulu is intended to help provide users with information about the pathogens in their mouth and for research, informational, and educational use only. This means two things:
• Many of the findings we include in our salivary testing have not been clinically validated since an in person examination has not been conducted. Dentulu relies on the findings of the laboratory to provide users with information based on the salivary sample provided at that time. The saliva composition and components may change from time to time and additional and frequent testing is recommended in addition to in-person evaluations by a licensed healthcare professional.
• Talk to your Healthcare provider and dental team. Dentulu does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, dentist, physician or other healthcare providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website or offered by any practitioner. If we provide any recommendations and/or potential ways to take action, this information is intended for informational purposes only and for discussion with your physician, dental provider, or other healthcare provider. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. Reliance on any information provided by Dentulu, Dentulu employees, others appearing on our website at the invitation of Dentulu, or other visitors to our website is solely at your own risk.
• Dentulu will provide you with Test Results, and personalized recommendations derived from the analysis of your Sample Data and other information such as self-reported information you may provide Dentulu. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.
• Data from your Samples will be saved on Dentulu’s secure cloud servers with industry standard privacy and security safeguards. Dentulu plans to retain your Samples and data for at least five (5) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Dentulu may also use Test Results for improving its data analysis methods and the artificial intelligence engine.

Dentulu offers licensed dental professionals with whom our customers can review their results for an addition fee. Customers are not required to review their results with any dentist, dental professional, physician or health care provider recommended by Dentulu or in Dentulu’s network. Customers are encouraged to review the results of their tests with their existing dental providers or one of their choosing in the State where they reside. Not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for salivary testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have the required licenses.

Dentulu offers licensed dental professionals with whom our customers can review their results for an addition fee. Customers are not required to review their results with any dentist, dental professional, physician or health care provider recommended by Dentulu or in Dentulu’s network. Customers are encouraged to review the results of their tests with their existing dental providers or one of their choosing in the State where they reside. Not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for salivary testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have the required licenses.

*Dentulu data on file.

FAILED SAMPLES & REFUND POLICY:

Biological Samples are processed by Dentulu and Dentulu 3rd party labs in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed. No refunds will be given for any Kits when the Samples have been sent for processing. If Kits are not delivered within the usual and ordinary time, another kit will be sent upon notifying Dentulu and a refund will not be given solely for the reason of late delivery of salivary kit or results of salivary testing. If a salivary testing kit arrives incomplete a new kit or the missing components will be sent at no charge to customer. If an annual subscription has been purchased and discounts applied to 1 or more kits, the annual subscription may not be cancelled or refunded.

The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample up to 10% of the time if your saliva does not contain a sufficient volume, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.*

Here’s our policy on re-processing failed samples:

• If the initial processing fails for any of above reasons, we will reprocess the same sample at no charge to the user.
• If the second attempt to process the same sample fails, we will offer to send another sample collection kit to the user to collect a second sample at no charge.
• If the second attempt to process the sample is unsuccessful, Dentulu will not send additional sample collection kits without charging additional postage and shipping fees. The user may be entitled to a partial refund of the amount paid to Dentulu, less shipping and handling. If the resubmits another sample through a future purchase of the Service, User will not be entitled to any free 2nd or 3rd attempts after any failed processing of salivary tests.

Note: If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, Dentulu will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.

2. Using the Services

In our Do’s and Don’ts list below, we describe what you can and cannot do while using the Services and certain consents you provide Dentulu in using Dentulu Services.

Do’s

By accessing Dentulu Services, you agree to, acknowledge, and represent that:

• You give permission to Dentulu, its contractors, successors and assignees to analyze your submitted sample(s) and you specifically request Dentulu to disclose the results of analyses to you and to others you authorize.
• If the second attempt to process the same sample fails, we will offer to send another sample collection kit to the user to collect a second sample at no charge.
• You acknowledge that Dentulu may offer different or additional technologies or features to collect and/or interpret your samples and information in the future, and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your samples or information without fee, and that you will have to pay additional fees in order to have your samples or information collected, processed, and/or interpreted using any future or additional technologies or features.
• You understand that by providing any sample, having your information processed, accessing your information, or providing information, you acquire no rights in any research or commercial products that may be developed by Dentulu or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information.
• You will follow the user conduct guidelines, as described below at all times.
• Your sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any information derived from your sample remains your information, subject to rights we retain as set forth in these Terms. Your information will be accessible to you on your patient portal and can be shared by you with your dental professional, physician, or healthcare professional of your choosing.
• By using the Services, you consent to receive emails and notifications from Dentulu, which may include commercial emails. We may use your information to send you news or product updates. By using the Services you consent to having Dentulu evaluate your results and provide you recommendations of products and services that Dentulu believes may be of interest to you. You may “opt out” of receiving marketing or promotional email from Dentulu by following “unsubscribe” instructions or using “unsubscribe” links within communications we send. As long as you maintain an account, you may not "opt out" of receiving account-related emails and in app notifications from Dentulu.
• By using Dentulu Services, you also provide consent to Dentulu to assist you in finding potential providers that may be able to help you improve your oral and general health. We may use your information, such as address and results to provide recommendations of dental professionals, physicians, or other healthcare providers near you for your consideration. Neither your personal health information nor personal identifiable information will be shared with such providers without prior written consent and approval from you.

Dont’s:

As a condition of your use of the Services, you warrant to Dentulu that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

Furthermore you agree you will not to use the Services to:

1. Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
2. Impersonate any person or entity, including, but not limited to, anyone affiliated with Dentulu, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
4. “Stalk” or otherwise harass another;
5. Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Use any information received through the Services to attempt to identify other customers, or for any forensic use;
7. Download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
8. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Dentulu or any other party;
9. Harm minors in any way;
10. Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
11. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
12. Upload, post, email, or otherwise transmit any material that 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;
13. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Dentulu;
14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Dentulu’s website;
15. Attempt to or actually override any security component of Dentulu web services;
16. 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;
17. Violate these Terms, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Dentulu; or
18. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

Violations of the Terms

You agree that Dentulu may, in its sole discretion and without prior notice, terminate your access to the Services. You also agree that any violation by you of these Terms, including incorporated policies, such as the user conduct guidelines, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Dentulu, for which monetary damages would be inadequate, and you consent to Dentulu obtaining any injunctive or equitable relief that Dentulu deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Dentulu may have at law or in equity.

Dentulu may preserve or disclose any information we have about you if we determine that such preservation or disclosure is necessary. Reasons for disclosure may include, but are not limited to: a connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Dentulu’s rights or property, or the rights or property of visitors to or users of the Services, including Dentulu’s customers. Dentulu reserves the right to preserve or disclose any information that Dentulu deems necessary to comply with any applicable law, regulation, or valid legal process.

If Dentulu does take any legal action against you as a result of your violation of these Terms, Dentulu will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Dentulu. You agree that Dentulu will not be liable to you or to any third party for termination of your access to the Services as a result of any violation or suspected violation of these Terms.

Accounts, Passwords and Security

To use certain Services, you may need to create an account. You agree to provide Dentulu with accurate, updated, and complete information for your account. Any parent or guardian who uses the Services on behalf of their child who is under 18 assumes full responsibility for ensuring the information that they provide to Dentulu about their child is kept secure and that the information submitted is accurate. You are fully responsible for all activities that occur under your Dentulu account, so it’s important to keep your account and password secure. If you think someone has gained access to your account, please contact our Customer Care Team immediately.

Privacy

Your use of the Services is governed by our Privacy Statement. We encourage you to review our Privacy Statement to learn more about how we handle data.

Export Control and Applicable Laws and Regulations

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Service online.

3. Licensing and Intellectual Property Rights

User Content

“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of the Services and transmitted, whether publicly or privately, to or through Dentulu. Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos that you have made available to Dentulu and other users of the Service. You are solely responsible for all User Content that you choose to post or otherwise transmit to or through the Service. Dentulu has the right to refuse accepting or publishing any User Content. You agree that Dentulu, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content, or any portion thereof, posted using the Service that infringes Dentulu’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable.

To provide the Services to you, you must grant us a license to your User Content. We do not claim ownership of User Content, but you grant us a license to use it. You give Dentulu, its affiliated companies, sublicensees and successors and assignees a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, reproduce, adapt, modify, translate, publish, publicly perform, store, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. You acknowledge and agree that this license includes a right for Dentulu to make such User Content available to other companies, organizations, or individuals with whom Dentulu has relationships, and to use such User Content in connection with the provision of those services.

What does it mean to provide us with a license to your User Content? It means:

• You represent and warrant to Dentulu that you have all the rights, power, and authority necessary to grant the above license.
• Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services.
• You acknowledge and agree that you, and not Dentulu, are entirely and solely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
• You acknowledge that Dentulu and its designees have the right (but not the obligation) to modify, or remove any available User Content. Without limiting the foregoing, Dentulu and its designees shall have the right to remove any content that violates the Terms or is deemed by Dentulu, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
• You understand that you should not expect any financial benefit from Dentulu as a result of having your information processed; made available to you; or, as provided in our Privacy Statement and these Terms, shared with or included in reports or data shared with any research collaborator.

Limited License

Other than User Content, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Services is owned, controlled or licensed by or to Dentulu, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Dentulu grants you a limited license to copy and distribute free of charge any information contained in Dentulu products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Dentulu for sharing or downloading from the Services, provided that you do not:

• Remove any proprietary notice language in all copies of such documents;
• Copy or post such information on any networked computer or broadcast it in any media;
• Make modifications to any such information;
• Make any additional representations or warranties relating to such documents; and,
• Use such information for your non-personal, commercial purpose(s).

Product Warranty

• Dentulu warrants that its products will be free from defects in materials and workmanship for the period of time applicable to such product. This warranty and any other product warranties, expressed or implied, are only valid on products purchased from Dentulu.com or from one of our official authorized retail partners.
• Dentulu does not support the unauthorized resale of its products, and Dentulu is unable to ensure the quality of its products when sold by unauthorized sellers or through unauthorized channels. We strongly encourage our customers to purchase only from Dentulu.com or from one of our official authorized retail partners. Dentulu does not extend any warranty or satisfaction guarantee to products purchased from unauthorized resellers. We reserve the right to cancel orders and/or block future Dentulu.com purchases by customers that appear to be purchasing items for resale on third-party sites, or found to be using multiple accounts to attempt to surpass any quantity limits.

Product Diversion and Resale of Dentulu Products

• Only our authorized retail partners are permitted to resell Dentulu products. No other parties are authorized to sell Dentulu products or purchase products from Dentulu.com or from an authorized retail partner for the purpose of reselling the products. No person or entity, without the express written consent of Dentulu, is authorized to sell on any e-commerce platform, such as, but not limited to, Amazon, eBay or Walmart. Authorized retail partners are prohibited from, and shall take reasonable steps to avoid, selling to any third party that intends to resell Dentulu products. In the event an authorized retail partner becomes aware, or is informed by Dentulu, that it is selling products to an unauthorized reseller, such authorized retail partner shall immediately cease doing business with such unauthorized reseller.
• Authorized retail partners agree to handle and store all Dentulu products in accordance with the Material Safety Data Sheets and any other Dentulu requirements, which are provided to authorized retail partners. Additionally, all products must be stored in secure, climate-controlled facilities. To ensure the safety and well-being of consumers, all authorized retail partners agree to cooperate with Dentulu with respect to any product recalls or other consumer safety information dissemination efforts. Authorized retail partners further agree to maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions. Authorized retail partners further agree to represent Dentulu products with current images of the products and offerings. Unauthorized retailers do not have any licenses to any Dentulu copyright or trademark rights.
• Authorized retail partners shall only sell Dentulu products in their original packaging. Relabeling, repackaging, and other alterations to Dentulu products or their packaging is not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, SKU or other identifying information on products or their packaging is prohibited. Authorized retail partners may not remove, translate, or modify the contents of any label or literature on or accompanying the products. Authorized retail partners shall not use Dentulu trademarks, logos, icons, product names, taglines, and slogans supplied by Dentulu, other than as permitted by Dentulu. Authorized retail partners shall promptly take down any use of Dentulu trademarks that Dentulu requests to be taken down. Authorized retail partners shall not advertise, market, display, or demonstrate non-Dentulu products together with Dentulu products in a manner that would create the impression that the non-Dentulu products are made by, endorsed by, or associated with Dentulu. For legitimate business reasons, certain authorized retail partners, who have the written consent of Dentulu, are not required to strictly comply with the foregoing provisions.
• Promptly upon receipt of Dentulu products, authorized retail partners must inspect the products for damage, defects, evidence of tampering, product expiration, or other non-conformances. If any defect is identified, such defected product must not be offered for sale and must promptly be reported to Dentulu.

Disclaimers and Limitation of Liability

Indemnity

You agree to defend and hold Dentulu, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms; or your violation of any rights of another.

If you have submitted a sample or otherwise provided your own information, you will defend and hold harmless Dentulu, its employees, contractors, successors, and assignees from any liability arising out of the use or disclosure of any information obtained from analyzing your sample and/or analyzing your information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Dentulu, its employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of your information.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dentulu EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) Dentulu MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dentulu OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Dentulu DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Dentulu SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Dentulu SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dentulu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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 SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

5. Dispute Resolution and Arbitration

Dispute Resolution (including Arbitration, Class Action Waiver and Time to Initiate Action)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. Initial Dispute Resolution. We are available by email at support@dentulu.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in (d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by Dentulu, in accordance with the Dentulu Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the Dentulu Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The Dentulu rules governing the arbitration may be accessed at https://www.dentulu.com/ If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and where the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to Dentulu along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to Dentulu. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to Dentulu. You may not be required to pay fees and costs incurred by use if you do not prevail in arbitration. We will also pay Dentulu to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
3. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in (b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
5. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in (b) and (c) by sending written notice of your decision to opt-out by emailing us at support@dentulu.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
6. Term for Cause of Action. 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in (b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in Los Angeles County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

Charges and Billing

When you purchase any Service offered by Dentulu, you authorize us to charge your Payment Method for all fees applicable to your purchase of Service including Kits and opt-in services associated with the Service if you ordered them. You must provide a valid Payment Method when you order Dentulu Services. You represent and warrant that you are authorized to use such Payment Method, and you agree to pay all fees and charges incurred using that Payment Method by your Account. You agree and authorize us to provide your Payment Method information and related personally identifiable information (“PII”) to our designated third-party service provider(s) and labs including payment processors for their use in charging you for the Services ordered by you. You agree to immediately notify Dentulu of any changes to your information, including your billing address or the Payment Method used for payments.

All fees and charges for Services are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes. Sales Tax as used herein shall mean any sales or use tax, functional equivalent of a sales tax, or other tax measured by sales proceeds that Dentulu is permitted to pass on to its customers.

We reserve the right to accept or reject orders for Service for any reason. Price and availability of Services are subject to change without notice.

YOU AGREE THAT ANY PAYMENT SUBMITTED BY YOU TO DENTULU FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. DENTULU DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOUFOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE, MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS.

7. Dentulu Registration

When you order a Salivary Kit or utilize any of Dentulu’s Services, you are required to create a Dentulu Account. As part of the requirements in creating an account, you are required to provide certain Registration information about yourself and about purchasing our Services (e.g. name, email, address, gender, date of birth, allergies, dental and health information, and payment information).

You must (a) provide accurate and complete Registration information, and (b) update such information from time to time using your Account as necessary to keep your Registration information current and accurate. By establishing an Dentulu Account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide for yourself or those for whom you have legal authority to agree, when you create a Dentulu Account. You are responsible for maintaining the accuracy and confidentiality of your Account information and password and for restricting access to such information and to your computer or mobile device. You agree to (a) immediately notify Dentulu in writing of any unauthorized access or use of your password or Account or any other breach of security. All activities that occur under your Account or password, including all shipments of Salivary Testing Kits and Services, will be your responsibility. You agree that Dentulu will not be liable for any mis-shipments, loss or damage arising from your failure to comply with this Section.

When you purchase a Service offered by Dentulu, you authorize us to charge your credit card or other payment method you have chosen (“Payment Method”), for all the Services purchased (including any Kits). When you purchase a subscription Service offered by Dentulu, you authorize us to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription. If for any reason, Dentulu does not receive payment from your Payment Method, (i)you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Dentulu may deactivate or suspend your subscription and/or Account and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription and your Account will be re-activated.

You agree that our subscription fees are subject to change, however, we agree that we will notify you before any changes to subscription fees. You also agree that subject to payment of appropriate subscription fees, you are able to change your existing subscription to another subscription. Dentulu reserves the right to refuse providing subscription Services to any customer or potential customer and shall not be required to provide a basis or reason for such a decision.

Your subscription Service will automatically renew until you cancel it or until it is terminated by Dentulu. If you want to cancel or pause your subscription, you can do so by sending an email with your name and the email address associated with your Dentulu account to: support@dentulu.com. Dentulu reserves the right to request additional information for verification purposes prior to cancelling your subscription.

Other things to know

Modifications, Termination and Survival

Modification

Dentulu reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. If you violate the Terms and/or Dentulu has a reasonable ground to suspect that you have violated the Terms, Dentulu has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Termination

Dentulu may also at any time, terminate its legal agreement with you if: (1) you have breached the Terms or incorporated policies, such as the user conduct guidelines (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Dentulu is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Dentulu offered the Services to you has terminated its relationship with Dentulu or ceased to offer the Services to you; (4) Dentulu is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Dentulu is, in Dentulu’s opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Dentulu shall not be liable to you or any third party for any termination of your access to the Services, and you will defend and indemnify Dentulu and its affiliates against any liability, costs, or damages arising out of the breach of the representation. Finally, Dentulu may, in its sole discretion, restrict access to the website for any reason.

Breach

You represent and agree that you are solely responsible for and Dentulu has no responsibility to you or to any third party for any breach of your obligations under these Terms (including the Unlawful and Prohibited Use Policy), Privacy Policy, and other terms you have agreed to, and you are held solely liable for the consequences (including any loss or damage which Dentulu and their licensors or 3rd parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these terms, representations, conditions, and policies, or Dentulu has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Dentulu has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Services, and seek injunctive relief, monetary damages, and other remedies available in law and equity. In addition, Dentulu is entitled to and you agree to defend and indemnify Dentulu and its affiliates against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Dentulu may incur) arising out of or resulting in your breach, violation or actions as specified above.

Survival of Terms

When the Terms come to an end, regardless of who terminates them, both you and Dentulu will continue to be bound by all but the following sections: Limited License, Modifications to Service.

Hyperlinks and the Dentulu Website

The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Dentulu has no control over such sites and resources, you acknowledge and agree that Dentulu is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You should read the terms and conditions, including privacy policies, of any third parties to understand the rules and policies governing your use of their services or products.

Miscellaneous

Entire Agreement. The Terms make up the entire agreement between you and Dentulu Inc, and supersedes any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules or provisions.

Waiver. If we do not enforce a provision in these Terms, it will not be considered a waiver.

Severability Clause. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

Assignment. You may not assign or delegate any rights or obligations under this agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Dentulu for any third party that assumes our rights and obligations under this agreement.

Notice

Notices to you may be made via either email or regular mail. Dentulu may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices must be sent to us at:

Dentulu, Inc.
ATTN: General Counsel
2002 South Burlington,
Los Angeles, CA 90007.

Additionally, Dentulu accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.