Terms of Service

Last updated: September 4, 2026.

1. Agreement

These Terms of Service (“Terms”) govern your use of SmileMaxer Desktop and the smilemaxer.com website (“Service”), operated by SmileMaxer LLC, a Maryland limited liability company (“we”, “us”). By creating an account or using the Service you agree to these Terms and the linked End-User License Agreement, Privacy Policy, and Business Associate Agreement.

2. What SmileMaxer Is and Is Not

SmileMaxer is a record-keeping tool for clinical staff. It records what a clinician dictates into a paired phone and enters those values into the clinician’s practice- management software. SmileMaxer is intended for record-keeping and does not diagnose, interpret, or recommend treatment based on the data it records. The clinician is solely responsible for the accuracy of every value entered, regardless of input method.

3. Subscription, Payment, Trial

PerioMaxer office access is sold as a monthly or annual practice subscription for one physical location. Pricing is published at /pricing and is subject to change with thirty (30) days’ notice. Eligible founder subscriptions receive the first-12-month and founder-renewal rates disclosed on the Pricing page and at checkout while the qualifying subscription remains continuously active. A payment card is required to start the seven-day trial. Nothing is charged when the trial begins; unless you cancel before it ends, the subscription automatically charges the amount and on the date shown at checkout.

4. License

Each paid subscription authorizes the registered computer slots and registered mobile devices listed for that plan. A computer slot remains occupied until that computer is deactivated in the admin portal. Computer-slot transfers are subject to the seven-day deactivation limit shown in the portal. Registering devices beyond your plan limits is a material breach.

5. Acceptable Use

You agree not to: (a) reverse-engineer, decompile, or circumvent technical protections in SmileMaxer Desktop; (b) resell or sublicense the Service without our written consent; (c) use the Service to violate any law including HIPAA, state privacy laws, or your patients’ rights; (d) attempt to impair or disrupt the Service for other customers.

6. Patient Data and HIPAA

Routine charting audio is processed on the phone or computer; chart values travel directly over your local network. These charting flows do not upload audio or patient charts to our cloud. Support and feedback submissions send the content you choose to include, including optional attachments. Do not include patient information in support submissions. The Privacy Policy describes these flows, and any signed Business Associate Agreement governs our handling of Protected Health Information within its scope.

7. Service Availability

We target 99.5% monthly uptime for the website, admin portal, and licensing APIs. SmileMaxer Desktop continues to operate during cloud outages within a seven (7) day grace period; if our cloud is unreachable longer than that, license validation suspends until reachability returns. We will publish material outages on our status page.

8. Termination

You may cancel anytime from the billing portal. Licenses are revoked at the end of the current billing period. We may suspend or terminate access for nonpayment or material breach of these Terms. Offline grace applies only as described under Service Availability.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME RESPONSIBILITY FOR VERIFYING EVERY CHART ENTRY BEFORE FINALIZING THE PATIENT RECORD.

10. Limitation of Liability

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Indemnification

You agree to indemnify and hold us harmless from any claim arising out of (a) your violation of these Terms, (b) your violation of HIPAA or other patient-privacy obligations, or (c) treatment decisions made on the basis of chart data recorded with the Service.

12. Governing Law

These Terms are governed by the laws of the State of Maryland without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Maryland.

13. Changes

We may revise these Terms with thirty (30) days’ notice by email to your billing contact. Continued use of the Service after the effective date constitutes acceptance.

14. Contact

SmileMaxer LLC · support@periomaxer.com