Legal

End User License Agreement

The terms that govern your use of the PerioMaxer app.

PerioMaxer — End User License Agreement (EULA)

Effective Date: April 14, 2026
Last Updated: May 30, 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and SmileMaxer LLC, a Maryland limited liability company and the developer of PerioMaxer ("Developer," "we," "us," or "our"), for the use of the PerioMaxer application ("App"), available on iOS and macOS via the Apple App Store and on Android via Google Play.

By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree, do not download, install, or use the App.

This Agreement is concluded between you and the Developer only, and not with Apple or Google. The app store from which you obtained the App (Apple or Google) is not responsible for the App or its content. If you obtained the App from the Apple App Store, this Agreement supplements the Apple Standard End User License Agreement, and in the event of a conflict between this Agreement and Apple's Standard EULA, this Agreement shall prevail. If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service.

1. License Grant

The Developer grants you a limited, non-exclusive, non-transferable, revocable license to use the App on a compatible device that you own or control, subject to the terms of this Agreement and the usage rules of the app store from which you obtained the App — the Apple Media Services Terms and Conditions for the Apple App Store, or the Google Play Terms of Service for Google Play.

You may not:

  • Copy, modify, distribute, sell, lease, sublicense, or reverse-engineer the App or any part thereof.
  • Use the App for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices in the App.

2. Description of the App

PerioMaxer is a periodontal charting tool designed for dental professionals. The App provides voice-controlled and manual data entry for periodontal examinations, including probing depths, gingival margins, bleeding on probing, furcation involvement, tooth mobility, and related clinical measurements.

3. Medical and Clinical Disclaimer

THE APP IS A CLINICAL CHARTING TOOL ONLY. IT IS NOT A MEDICAL DEVICE, DIAGNOSTIC TOOL, OR SUBSTITUTE FOR PROFESSIONAL CLINICAL JUDGMENT.

  • The App is intended as a tool to assist in collecting and recording periodontal examination data. It should not be fully relied upon as your sole source of clinical records.
  • Voice recognition and data entry processes may produce errors. You are responsible for independently verifying all data recorded by the App before using it for any clinical purpose.
  • All clinical decisions, including but not limited to diagnosis, treatment planning, and patient care, remain the sole responsibility of the licensed dental or medical professional using the App.
  • The Developer makes no representations or warranties regarding the accuracy, completeness, or reliability of any data entered into, processed by, or displayed within the App.
  • The Developer is not responsible for any clinical outcomes, patient harm, misdiagnosis, or treatment errors arising from the use of or reliance on the App.

4. Patient Data and Privacy

4.1 On-Device Storage Only

All patient data, clinical records, and charting information entered into the App are stored exclusively on your device. The App does not transmit, upload, sync, or back up any patient data to any external server, cloud service, or third-party system.

4.2 Your Responsibility

You are the sole data controller of all patient information entered into the App. You are solely responsible for:

  • Compliance with all applicable privacy laws and regulations, including the General Data Protection Regulation (GDPR) and any applicable federal, state, or local data protection laws.
  • Obtaining any necessary patient consent for the collection and storage of their health information.
  • Implementing appropriate administrative, physical, and technical safeguards for protected health information (PHI) in accordance with applicable law.
  • Securing the device on which the App is installed, including but not limited to device-level encryption, passcodes, and physical access controls.
  • Any data loss resulting from device damage, loss, theft, software updates, app deletion, or any other cause.

4.3 No PHI Liability

The Developer does not access, collect, process, store, or transmit any data you enter into the App. No data custodian, processor, or business associate relationship exists between you and the Developer. The Developer assumes no obligations or liability under any privacy or data protection regulation with respect to any data you enter into the App.

5. Voice and Speech Recognition

The App uses on-device speech recognition to enable voice-controlled charting — Apple's native framework on iOS and macOS, and an on-device Vosk speech model on Android. All speech processing occurs entirely on your device.

  • No audio recordings or voice data are transmitted to the Developer, Apple, Google, or any third party.
  • Voice data is processed in real time and is not stored or retained by the App after transcription.
  • The App requires microphone and speech recognition permissions to function. You may revoke these permissions at any time through your device settings, though doing so will disable voice-controlled features.

6. Biometric Authentication

The App supports biometric and device passcode/PIN authentication to secure access to patient records — Face ID or Touch ID on iOS and macOS, and fingerprint or face unlock on Android.

  • Biometric data is processed by the platform's secure authentication framework — Apple's LocalAuthentication on iOS and macOS, and Android's BiometricPrompt — and is never accessed, stored, or transmitted by the App or the Developer.
  • You are responsible for configuring and maintaining authentication settings appropriate for your clinical environment.

7. Subscriptions and Payment

7.1 Subscription Plans

The App offers the following subscription tiers, each with a one-week free trial:

  • Monthly — billed every month
  • Semester — billed every six months
  • Annual — billed every year

Current pricing is displayed within the App and on the App Store or Google Play product page. Prices are subject to change.

7.2 Billing

All subscriptions are processed and billed by the app store from which you obtained the App — Apple through the App Store on iOS and macOS, or Google through Google Play on Android. By subscribing, you agree to the payment terms of the applicable app store. The Developer does not process, store, or have access to your payment information.

7.3 Auto-Renewal and Cancellation

  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
  • You may manage or cancel your subscription at any time through your Apple ID account settings (iOS and macOS) or in Google Play → Subscriptions (Android).
  • No refunds are provided for any unused portion of a subscription period. Refund requests must be directed to Apple or Google, as applicable.

7.4 Data Upon Expiration

If your subscription expires or is canceled, data previously entered into the App remains stored on your device. However, access to certain App features may be restricted until an active subscription is restored.

8. Audit Logging

The App maintains a local, tamper-evident audit log of user actions (such as logins, chart creation, edits, and deletions) for compliance purposes. This log is stored on your device only and is not transmitted to the Developer or any third party.

9. No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

The Developer does not warrant that:

  • The App will meet your requirements or expectations.
  • The App will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the use of the App will be accurate or reliable.
  • Any errors or defects in the App will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data, patient records, or clinical information.
  • Loss of profits, revenue, or business opportunities.
  • Personal injury, patient harm, or adverse clinical outcomes.
  • Damages arising from unauthorized access to your device or data.
  • Damages arising from device malfunction, loss, theft, or destruction.
  • Damages arising from software bugs, errors, or inaccuracies in speech recognition.
  • Damages arising from your failure to maintain adequate data backups.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP SHALL NOT EXCEED TWENTY U.S. DOLLARS ($20.00). THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OF CLAIMS, THE LEGAL THEORY, OR WHETHER THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the App.
  • Your violation of this Agreement.
  • Your violation of any applicable law, regulation, or third-party right.
  • Any patient data you enter, store, or manage using the App.
  • Any clinical decisions made using or in reliance on data from the App.

12. Third-Party Services

The App does not use general-purpose analytics platforms for your clinical activity, and it does not use advertising networks to track you across other apps or websites. Its only third-party integrations are: (a) the platform app store — Apple's App Store (iOS and macOS) or Google Play (Android) — for subscription management and payment processing; and (b) during onboarding only, Meta's mobile-measurement tools, used solely to measure the effectiveness of our advertising. The Meta integration is inactive once onboarding is complete and never receives patient data or protected health information. See our Privacy Policy for the full description. Each third party is governed by its own terms and policies.

13. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations and international sanctions programs. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Termination

The Developer may terminate or suspend your license to use the App at any time, with or without cause, and without prior notice. Upon termination:

  • You must cease all use of the App and delete all copies from your devices.
  • Any data stored locally on your device is your responsibility to retain or delete.
  • Sections 3, 4, 9, 10, 11, and 15 of this Agreement shall survive termination.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Maryland, without regard to conflict of law principles.

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Maryland, and the arbitrator's decision shall be final and binding.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

This Agreement, together with the terms of the app store from which you obtained the App (Apple's Standard EULA and the Apple Media Services Terms and Conditions for the Apple App Store, or the Google Play Terms of Service for Google Play), constitutes the entire agreement between you and the Developer with respect to the App and supersedes all prior agreements, understandings, and communications.

18. Changes to This Agreement

The Developer may modify this Agreement from time to time. When we do, we will update the "Last Updated" date above and post the revised Agreement at this URL.

Material changes will be communicated through the App or by another reasonable means before they take effect; non-material changes take effect when posted. Your continued use of the App after a change takes effect constitutes your acceptance of the revised Agreement.

SmileMaxer LLC may license applications other than PerioMaxer under separate or supplemental agreements. A change that applies only to a different application does not affect your rights or obligations with respect to PerioMaxer.

19. Contact

If you have questions about this Agreement, you may contact us at:

SmileMaxer LLC
Baltimore, Maryland, USA
Email: support@periomaxer.com

This EULA was last updated on May 30, 2026.