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Terms of Service — OrthoPhoto

Effective Date: April 21, 2026

Last Updated: April 28, 2026

1. Acceptance of Terms

By downloading, installing, or using the OrthoPhoto application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms apply to all users in all jurisdictions.

2. Description of the App

OrthoPhoto is a clinical photography documentation tool designed for licensed dental and orthodontic professionals. It assists in capturing, organizing, and exporting standardized sets of intra-oral and extra-oral photographs for clinical record-keeping purposes.

3. Intended Users

The App is intended exclusively for use by licensed dental and orthodontic professionals (dentists, orthodontists, dental assistants, and other qualified clinical staff). It is not intended for use by patients or members of the general public. By using the App, you represent and warrant that you are a licensed healthcare professional using the App in a professional clinical context.

4. Not a Medical Device

OrthoPhoto is a documentation and workflow tool, not a medical device. It does not perform diagnosis, clinical decision support, image analysis, facial recognition, or any form of AI-assisted interpretation. The App does not replace clinical judgment. All clinical decisions remain the sole responsibility of the treating professional.

5. Free Tier and Premium Subscription

Free Tier:

OrthoPhoto is available as a free download. Free users may perform up to 10 document exports (PDF or JPEG format) at no charge. Saving individual photos directly to the device gallery is always free and unlimited.

OrthoPhoto Premium Annual — Subscription Terms:

  • Subscription name: OrthoPhoto Premium Annual
  • Subscription length: 1 year (auto-renewable)
  • Content provided: Unlimited PDF document exports, unlimited JPEG document exports, for the full subscription period
  • Price: As displayed in the App Store at the time of purchase (pricing may vary by region and currency)

Payment and Billing:

  • Payment will be charged to your Apple ID account at confirmation of purchase.
  • Your subscription automatically renews for successive one-year periods unless cancelled at least 24 hours before the end of the current subscription period.
  • Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
  • The renewal price will be the same as the original purchase price unless we notify you of a price change in advance.

Managing and Cancelling Your Subscription:

You can manage or cancel your subscription at any time through your Apple ID account settings in the App Store:

Settings → [your name] → Subscriptions → OrthoPhoto → Cancel Subscription

Cancellation takes effect at the end of the current paid period. You will retain premium access until the end of the period for which you have paid. No partial refunds are issued for unused time.

Refunds:

All refund requests are handled by Apple in accordance with Apple's purchase policies. The developer has no ability to issue refunds directly. To request a refund, visit: https://reportaproblem.apple.com

Restore Purchases:

If you reinstall the App or use it on a new device, you may restore your subscription by tapping "Restore Purchases" within the App's upgrade screen, while signed in with the same Apple ID used for the original purchase.

6. All Data Stays on Your Device

OrthoPhoto processes and stores all clinical data — including photographs, patient names, dates of birth, notes, and exported files — exclusively on your device. The developer:

  • Does not transmit, receive, or access any data you enter or capture
  • Does not operate servers, cloud storage, or databases that receive your clinical data
  • Does not have the ability to recover lost or deleted data

You are solely responsible for the security, backup, and integrity of data stored on your device.

Note: Subscription entitlement validation uses RevenueCat, which processes an anonymized device identifier. See the Privacy Policy for details.

7. Your Responsibilities Regarding Patient Data

You are solely responsible for:

  • Obtaining informed consent from patients before capturing photographs
  • Complying with all applicable data protection and privacy laws in your jurisdiction, including HIPAA (United States), GDPR (European Union), and equivalent national regulations
  • Securing your device with appropriate passcodes, biometric locks, and encryption
  • Handling and sharing exported files in accordance with your professional and legal obligations
  • Ensuring appropriate access controls on your device and exported files

Because the developer never receives or processes patient data, you act as the sole data controller (under GDPR) and covered entity or business associate (under HIPAA) for all patient information handled through the App.

8. Exports and Third-Party Sharing

The App allows you to export photo documentation as PDF or JPEG files and share them via your device's native sharing capabilities. The developer has no control over how exported files are transmitted, stored, or handled by third-party applications or services, and bears no responsibility for data shared through third-party tools you choose to use.

9. No Warranty

The App is provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The developer does not warrant that the App will be error-free or uninterrupted, that exported files will be compatible with all third-party systems, or that the App will meet all your regulatory or professional requirements.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including but not limited to: loss of patient data; regulatory fines or penalties; clinical outcomes or professional liability; or unauthorized access to data stored on your device.

The developer's total aggregate liability shall not exceed the amount paid by you for the App in the twelve months preceding the claim (or €10 if the App was obtained free of charge).

11. Indemnification

You agree to indemnify, defend, and hold harmless the developer from any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising from: your use of the App; your violation of these Terms; your breach of applicable privacy, data protection, or professional regulations; or any claim by a patient or third party related to photographs or data you captured or exported using the App.

12. Intellectual Property

All rights, title, and interest in and to the App — including its design, code, templates, and trademarks — are owned by the developer. You are granted a limited, non-exclusive, non-transferable license to use the App for your professional clinical purposes. You may not reverse-engineer, copy, sell, or distribute the App.

13. Apple App Store — Additional Terms

The App is distributed via the Apple App Store. The following terms apply to your use of the App obtained through Apple's App Store:

  • These Terms are concluded between you and the developer only, not with Apple Inc. Apple is not responsible for the App or its content.
  • Apple has no obligation to provide maintenance or support for the App.
  • In the event of any third-party claim that the App infringes intellectual property rights, Apple is not responsible for investigation, defense, settlement, or discharge of such claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • Your use of the App must comply with Apple's App Store Terms of Service.

14. Changes to These Terms

The developer reserves the right to modify these Terms at any time. Changes will be posted at this URL with an updated effective date. Continued use of the App after changes are posted constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Switzerland, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

16. Contact

For questions regarding these Terms: Email us

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