Terms of Service

Last updated: March 2026

IMPORTANT: THIS SERVICE IS NOT FOR DENTAL OR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A DENTAL OR MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY.

Please read these Terms of Service ("Terms") carefully before using the DentSecond application ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description and Scope

DentSecond is a technology platform that facilitates dental second opinions from independently licensed dental professionals. The Service is provided strictly for informational and educational purposes only. The Service is currently available only in the State of California.

The Service does NOT provide:

DentSecond is a technology platform. DentSecond does not practice dentistry and is not a dental care provider. The reviewing dentists are independent professionals and are not employees, agents, or representatives of DentSecond.

2. No Dentist-Patient Relationship

YOUR USE OF THE SERVICE DOES NOT CREATE A DENTIST-PATIENT RELATIONSHIP BETWEEN YOU AND ANY REVIEWING DENTIST OR BETWEEN YOU AND DENTSECOND.

The reviewing dentist does not become your treating dentist. The second opinion provided does not constitute a dental examination, diagnosis, or treatment plan. The review is limited by the information and images you provide and cannot replace an in-person clinical examination.

You should always consult your own dentist or qualified dental professional before making any decisions about dental treatment. Any actions you take based on information obtained through the Service are taken entirely at your own risk.

3. Geographic Restriction and Eligibility

The Service is currently available only to individuals physically located in and residents of the State of California. The reviewing dental professionals on our platform are licensed to practice in California. Under applicable state dental practice laws, dental opinions may only be provided to patients in jurisdictions where the reviewing dentist holds an active license. By using the Service, you represent and warrant that you are physically located in and a resident of California at the time of each request submission.

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. A parent or legal guardian may submit a request on behalf of a minor child, in which case the parent or guardian is the user and is bound by these Terms. By creating an account and submitting a request, you represent and warrant that you meet all eligibility requirements, including the geographic restriction described above.

If you misrepresent your location or state of residence to use the Service, you assume all risks and liabilities arising from that misrepresentation. DentSecond and the reviewing dentist shall have no liability whatsoever for any opinion provided to a user who misrepresented their location, and such misrepresentation constitutes a material breach of these Terms.

4. User Responsibilities and Representations

By using the Service, you agree to:

You acknowledge that the quality and usefulness of any second opinion depends entirely on the accuracy, completeness, and quality of the information and images you provide. If you submit inaccurate, incomplete, or misleading information — including but not limited to misrepresentation of your state of residence or physical location — DentSecond and the reviewing dentist bear no responsibility for any opinion based on that information, and you assume all risk and liability arising from such misrepresentation.

5. Assumption of Risk

You acknowledge and agree that:

6. Payment and Refunds

Each second opinion request requires a one-time payment at the time of submission. All payments are processed securely through Stripe, Inc. DentSecond does not store your credit card or payment information.

By making a payment, you also agree to Stripe's terms of service. Refunds may be issued at the sole discretion of DentSecond. Submission of a request and payment does not guarantee any particular outcome or level of detail in the second opinion provided.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DentSecond does not warrant that:

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DENTSECOND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THE REVIEWING DENTISTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

In no event shall DentSecond's total liability to you for all claims arising out of or related to the Service exceed the greater of (a) five hundred U.S. dollars ($500) or (b) the total amount you paid to DentSecond in the twelve (12) months preceding the event giving rise to the claim.

DentSecond is not liable for:

The foregoing limitations shall not apply to liability arising from DentSecond's own gross negligence or willful misconduct, or to the extent such limitations are prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless DentSecond, its officers, directors, employees, agents, and the reviewing dental professionals from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

DentSecond agrees to indemnify and hold you harmless from claims directly resulting from DentSecond's gross negligence or willful misconduct in the operation of the Service, including any unauthorized disclosure of your Protected Health Information caused solely by DentSecond's failure to maintain the security safeguards described in our Privacy Policy.

10. Dispute Resolution and Arbitration

NOTICE: This section contains a binding arbitration clause and a class action waiver. By agreeing to these Terms, you agree to resolve most disputes through individual arbitration rather than in court. You have the right to opt out of arbitration within 30 days of first agreeing to these Terms. Claims relating to professional malpractice by a reviewing dentist are excluded from this arbitration provision.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service — except for claims relating to professional malpractice by a reviewing dentist, which may be pursued in a court of competent jurisdiction — shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

YOU AND DENTSECOND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Either party may bring an individual action in small claims court if the claim qualifies. You may opt out of this arbitration agreement by sending written notice to support@dentsecond.com within 30 days of first agreeing to these Terms.

11. User Content

You grant DentSecond a non-exclusive, royalty-free license to use, store, process, and transmit any content you submit (including photos, X-rays, and medical information) solely for the purpose of providing the Service and as described in our Privacy Policy. This license is limited to the United States and to the activities necessary to operate the Service. We do not use your health information for any purpose other than providing and supporting your second opinion request.

You represent that you have the right to submit all content and that such content is accurate and does not violate any third-party rights. If you are submitting information on behalf of another person (such as a minor child), you represent that you have the legal authority to do so. DentSecond is not responsible for verifying the accuracy of user-submitted information.

12. Data Security and Privacy

We implement technical, administrative, and physical safeguards consistent with HIPAA Security Rule standards to protect your information, including encryption in transit and at rest, multi-factor authentication for dentist accounts, and audit logging of all data access. Our infrastructure operates on HIPAA-eligible AWS services under a signed Business Associate Agreement.

Your use of the Service is also governed by our Privacy Policy, which describes in detail how we collect, use, share, and protect your information, including your Protected Health Information. The Privacy Policy is incorporated into these Terms by reference.

13. Independent Dental Professionals

The dentists who provide second opinions through the Service are independent professionals, not employees or agents of DentSecond. DentSecond does not control, direct, or supervise the clinical judgment of the reviewing dentists. DentSecond's role is limited to providing the technology platform that facilitates the connection between you and the reviewing dentist. Each dentist is individually licensed and solely responsible for their professional opinions and conduct.

14. Force Majeure

DentSecond shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers including cloud infrastructure providers.

15. Termination

DentSecond may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. You may stop using the Service at any time. Upon termination, the provisions of these Terms that by their nature should survive (including Limitation of Liability, Indemnification, Dispute Resolution, Disclaimer of Warranties, and Data Security and Privacy) shall continue in full force and effect.

16. Modifications to Terms

DentSecond reserves the right to modify these Terms at any time. We will notify you of material changes through the Service or by email. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and DentSecond regarding the Service and supersede all prior agreements and understandings.

By using DentSecond, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.