Legal

Terms of Service

The rules of the road for using PerioMaxer and this site.

PerioMaxer — Terms of Service

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

These Terms of Service ("Terms") govern your access to and use of the PerioMaxer application ("App") and any related services, including our website, support channels, and documentation (collectively, the "Service"). The Service is provided by SmileMaxer LLC, a Maryland limited liability company and the developer of PerioMaxer ("Developer," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms are supplemented by our End User License Agreement (EULA) and Privacy Policy, which are incorporated herein by reference.

1. Eligibility

By using the Service, you represent and warrant that:

  • You are at least 18 years of age.
  • You have the legal capacity and authority to enter into these Terms.
  • If you are using the App in a professional capacity, you hold a valid and current license to practice dentistry, dental hygiene, or a related healthcare profession in your jurisdiction, or you are operating under the direct supervision of such a licensed professional.
  • Your use of the App complies with all applicable laws, regulations, and professional standards.

2. Nature of the Service

2.1 Clinical Charting Tool

PerioMaxer is a periodontal charting and record-keeping tool. It is designed to assist licensed dental professionals in recording clinical examination data.

2.2 Not a Medical Device

THE APP IS NOT A MEDICAL DEVICE, DIAGNOSTIC SYSTEM, DECISION-SUPPORT TOOL, OR TREATMENT PLANNING SYSTEM. The App has not been reviewed, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any equivalent regulatory body in any jurisdiction. It does not analyze, interpret, or provide recommendations based on clinical data.

2.3 Data Accuracy

The App is intended as a tool to assist in collecting and recording periodontal examination data. While the App strives to facilitate accurate data entry, you should not fully rely on the App 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.

3. Your Responsibilities

You are solely responsible for:

  • Clinical judgment. All clinical decisions, including diagnosis, treatment planning, referrals, and patient care, are entirely your responsibility as a licensed professional.
  • Data accuracy. Verifying the accuracy and completeness of all data entered into and displayed by the App, including data entered via voice recognition.
  • Data security. Securing the physical device on which the App is installed, maintaining appropriate passcodes and authentication settings, and preventing unauthorized access.
  • Regulatory compliance. Compliance with all applicable laws, regulations, and professional licensing requirements that apply to your use of the App.
  • Patient consent. Obtaining all necessary informed consent from patients for the collection and storage of their health information.
  • Data backup. Maintaining your own backup procedures for any data entered into the App. The Developer does not provide backup, recovery, or data restoration services.
  • Professional standards. Using the App in accordance with the standards of care and professional ethics applicable to your profession and jurisdiction.

4. Account and Access

4.1 Device Security

The App uses on-device authentication (a PIN, and Face ID or Touch ID on Apple devices, or fingerprint or face unlock on Android). You are responsible for maintaining the confidentiality of your PIN and the security of your biometric data. Any activity that occurs under your device authentication is your responsibility.

4.2 Unauthorized Access

You must notify us immediately if you suspect any unauthorized access to the App or patient data on your device. The Developer is not liable for any loss or damage arising from unauthorized access to your device.

5. Subscriptions and Payment

5.1 Free Trial

New users may be eligible for a one-week free trial. The trial provides full access to the App's features. If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged.

5.2 Subscription Management

All subscriptions are billed and managed through the app store from which you obtained the App — Apple's App Store on iOS and macOS, or Google Play on Android. By subscribing, you agree to the applicable payment terms of that app store.

  • Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period.
  • You may cancel at any time via your Apple ID settings (iOS and macOS) or in Google Play → Subscriptions (Android).
  • The Developer does not process payments or have access to your payment information.

5.3 Price Changes

The Developer reserves the right to change subscription pricing at any time. Price changes will take effect at the start of your next billing cycle following notice of the change. Continued use of the App after a price change constitutes acceptance of the new pricing.

5.4 Refunds

All refund requests must be directed to Apple or Google, as applicable, in accordance with that app store's refund policies. The Developer does not process refunds directly.

6. Data and Privacy

6.1 On-Device Only

All patient data and clinical records are stored exclusively on your device. The App does not transmit, sync, upload, or back up any patient data to any server, cloud service, or third party.

6.2 Voice Data

The App uses on-device speech recognition — Apple's framework on iOS and macOS, and an on-device speech model on Android. Audio is processed locally in real time and is never recorded, stored, or transmitted by the App.

6.3 No Data Collection by the Developer

The Developer does not collect, access, receive, or process any patient data, clinical records, or health information from the App, and has no ability to view, retrieve, or recover any data you store within the App on your device. The App does not collect analytics about your clinical use. The one exception is limited, non-clinical measurement used only while you set up the App (during onboarding) to evaluate our advertising — described in our Privacy Policy — which never includes patient data or protected health information.

6.4 No Data Custodian Relationship

Because the Developer does not create, receive, maintain, or transmit any data on your behalf, no data custodian, processor, or business associate relationship exists between you and the Developer. No data processing agreement is required or offered.

6.5 Data Loss

The Developer is not responsible for any data loss, corruption, or destruction, regardless of cause, including but not limited to device failure, theft, loss, software updates, operating system changes, App updates, App deletion, or user error.

7. Intellectual Property

7.1 Ownership

The App, including all code, design, graphics, interfaces, text, and documentation, is the exclusive intellectual property of the Developer. All rights not expressly granted in these Terms or the EULA are reserved.

7.2 Your Data

You retain all rights to the data you enter into the App. The Developer claims no ownership interest in your patient data, clinical records, or any other content you create within the App.

7.3 Feedback

If you voluntarily provide feedback, suggestions, or ideas regarding the App, you grant the Developer a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without obligation or compensation to you.

8. Prohibited Uses

You agree not to:

  • Use the App for any unlawful purpose.
  • Use the App in any manner that could damage, disable, overburden, or impair the App.
  • Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the App.
  • Remove, alter, or obscure any proprietary notices or labels in the App.
  • Use the App to store or process data unrelated to its intended clinical purpose.
  • Share, transfer, or provide access to the App to unlicensed individuals for clinical use.
  • Use the App in a manner that violates any applicable healthcare regulation or professional standard.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • ANY WARRANTY THAT THE APP WILL BE ACCURATE, RELIABLE, COMPLETE, OR ERROR-FREE.
  • ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
  • ANY WARRANTY THAT SPEECH RECOGNITION WILL ACCURATELY TRANSCRIBE VOICE INPUT.
  • ANY WARRANTY THAT THE APP IS SUITABLE FOR USE IN A CLINICAL OR HEALTHCARE SETTING.
  • ANY WARRANTY REGARDING THE RESULTS OBTAINED FROM THE USE OF THE APP.

You acknowledge that you use the App at your own risk and that the Developer makes no guarantees regarding clinical outcomes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SERVICE SHALL NOT EXCEED TWENTY U.S. DOLLARS ($20.00).

THE DEVELOPER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, INCLUDING BUT NOT LIMITED TO:

  • Loss or inaccuracy of data, patient records, or clinical information.
  • Personal injury, bodily harm, or death.
  • Adverse clinical outcomes, misdiagnosis, or treatment complications.
  • Loss of profits, revenue, goodwill, or business opportunities.
  • Cost of procurement of substitute goods or services.
  • Unauthorized access to or alteration of your data or device.
  • Device loss, theft, damage, or destruction.
  • Errors, inaccuracies, or failures in speech recognition or data entry.
  • Any interruption, suspension, or termination of the Service.
  • Any bugs, viruses, or other harmful components transmitted through the App.
  • Any matter beyond the Developer's reasonable control.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT THE $20.00 LIABILITY CAP REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND THE DEVELOPER, AND THAT THE DEVELOPER WOULD NOT PROVIDE THE APP WITHOUT THIS LIMITATION.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Developer and its affiliates, officers, agents, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use of or inability to use the App or Service.
  • Your violation of these Terms or the EULA.
  • Your violation of any applicable law, regulation, or professional standard.
  • Any patient data you enter, store, manage, or fail to secure within the App.
  • Any clinical decisions, diagnoses, treatments, or patient care related to your use of the App.
  • Any claim by a third party, including but not limited to patients, arising from your use of the App.
  • Your failure to comply with any applicable data protection regulation.

12. Dispute Resolution

12.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in the State of Maryland, United States.

12.2 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

12.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

13. Governing Law

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

14. Modifications

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

Material changes — changes that meaningfully reduce your rights or increase your obligations, such as changes to fees, dispute resolution, the limitation of liability, or how your data is handled — will be communicated through the App or by another reasonable means before they take effect. Non-material changes, such as clarifications, formatting, or corrections, take effect when posted and are indicated only by the updated "Last Updated" date.

Your continued use of the Service after a change takes effect constitutes your acceptance of the modified Terms. If you do not agree to a change, you must stop using the Service.

SmileMaxer LLC may offer applications other than PerioMaxer under separate or supplemental terms. A change that applies only to a different application does not affect your rights or obligations with respect to PerioMaxer, and we will not treat it as a change to these Terms for PerioMaxer users.

15. Termination

15.1 By You

You may stop using the Service and delete the App at any time. Cancellation of your subscription does not automatically delete data from your device.

15.2 By the Developer

The Developer may suspend or terminate your access to the Service at any time, with or without cause, and without prior notice. The Developer shall not be liable to you or any third party for any suspension or termination.

15.3 Effect of Termination

Upon termination, your license to use the App is revoked. You must delete all copies of the App from your devices. Sections 6, 7, 9, 10, 11, 12, and 13 shall survive termination.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the EULA and Privacy Policy, constitute the entire agreement between you and the Developer regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

16.3 No Waiver

The Developer's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without the Developer's prior written consent. The Developer may assign these Terms without restriction.

16.5 Force Majeure

The Developer shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, or failures of third-party services.

17. Contact

If you have questions about these Terms, you may contact us at:

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

These Terms of Service were last updated on May 30, 2026.