Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of SmileConsent ("Service"), a digital consent management platform operated by SmileConsent Ltd ("Company", "we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms.

The Service is designed to help dental practices document and manage consent workflows. You remain responsible for meeting all applicable laws and professional standards (including GDC and CQC expectations where they apply to your practice). The Service does not guarantee regulatory or inspection outcomes.

2. Definitions

• "Service" means the SmileConsent digital platform and all related software, applications, and services.
• "User" means any individual or entity that accesses or uses the Service.
• "Practice" means a dental practice, clinic, or healthcare provider using the Service.
• "Patient Data" means any personal or medical information entered into the Service.
• "Consent Forms" means digital consent documents created, stored, or managed through the Service.

3. Service Description

SmileConsent provides a digital platform for dental practices to:

• Create and manage digital consent forms
• Store and retrieve patient consent records
• Produce records and activity logs to support your own audit and governance processes
• Use templates and AI-assisted drafting tools (where available), which you must review before use
• Manage patient communications and documentation

The Service is intended to support, but not replace, professional clinical judgment and legal advice.

3a. AI-assisted features

Where the Service offers AI-assisted drafting of consent wording, that output is a draft for clinician review only. It is not autonomous clinical advice, diagnosis, or a substitute for your professional assessment of the individual patient.

• You must review, edit as appropriate, and approve all consent documentation before it is relied upon or sent to patients.
• You are solely responsible for the accuracy, suitability, and completeness of consent materials you issue.
• We may update how AI-assisted features work; you should verify outputs after each material change.

4. User Responsibilities

4.1 Legal and Regulatory Compliance

Users are responsible for ensuring that their use of the Service complies with all applicable laws, regulations, and professional standards, including but not limited to:

• General Data Protection Regulation (GDPR)
• Data Protection Act 2018
• GDC Standards for the Dental Team
• CQC Regulations
• Mental Capacity Act 2005
• Any other relevant UK healthcare regulations

4.2 Professional Responsibility

Users acknowledge that:

• The Service does not constitute legal, medical, or regulatory advice
• Users remain solely responsible for clinical decisions and patient care
• Users must exercise independent professional judgment
• The Service is a tool to support, not replace, professional expertise

4.3 Data Accuracy and Integrity

Users are responsible for:

• Ensuring the accuracy and completeness of all data entered
• Maintaining appropriate backup systems for critical information
• Verifying that consent forms meet their specific legal requirements
• Obtaining proper patient consent before using the Service

5. Limitation of Liability

5.1 Service Limitations

The Company provides the Service "as is" and "as available" without warranties of any kind. Users acknowledge that:

• The Service may not be error-free or uninterrupted
• Technical issues may result in temporary unavailability
• Updates and maintenance may affect Service availability
• Internet connectivity issues may impact Service performance

5.2 Exclusion of Damages

To the maximum extent permitted by law, the Company shall not be liable for:

• Any direct, indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Claims arising from clinical decisions or patient care
• Regulatory non-compliance or legal actions
• Any damages exceeding the amount paid for the Service in the 12 months preceding the claim

5.3 Indemnification

Users agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising from their use of the Service, including but not limited to clinical decisions, regulatory non-compliance, or data breaches caused by user actions.

6. Data Protection and Privacy

6.1 Data Processing

The Company acts as a data processor for patient data entered by users. Users remain the data controller and are responsible for:

• Ensuring lawful basis for data processing
• Obtaining appropriate patient consent
• Implementing appropriate security measures
• Responding to patient data subject requests

6.2 Security Measures

The Company implements appropriate technical and organizational security measures, including:

• Data encryption in transit and at rest
• Regular security audits and updates
• Access controls and authentication
• Secure data centers and backup systems

6.3 Data Breach Notification

In the event of a data breach affecting patient data, the Company will notify users within 72 hours of becoming aware of the breach, in accordance with GDPR requirements.

7. Intellectual Property

The Service and all associated software, content, and materials are owned by the Company and protected by intellectual property laws. Users are granted a limited, non-exclusive license to use the Service for their intended purpose.

Users retain ownership of their patient data and consent forms, but grant the Company a license to process and store this data to provide the Service.

8. Service Availability and Support

8.1 Uptime Commitment

The Company aims to maintain 99.5% Service availability, excluding scheduled maintenance windows. However, this is not guaranteed and may vary due to factors beyond our control.

8.2 Support Services

Support is available during business hours (Monday-Friday, 9:00 AM - 5:00 PM GMT). Emergency support may be available for critical issues affecting patient care.

8.3 Updates and Changes

The Company may update the Service to improve functionality, security, or compliance. Users will be notified of significant changes in advance.

9. Termination and Suspension

9.1 User Termination

Users may terminate their account at any time by providing 30 days written notice. Upon termination, users will have access to export their data for 30 days.

9.2 Company Termination

The Company may suspend or terminate access to the Service if:

• Users violate these Terms
• Users engage in fraudulent or illegal activities
• Payment obligations are not met
• Regulatory requirements necessitate such action

9.3 Data Retention

Following termination, the Company will retain data for the minimum period required by law or regulation, after which it will be securely deleted.

10. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

The Company encourages users to contact us directly to resolve any issues before pursuing legal action.

11. Changes to Terms

The Company may update these Terms from time to time. Users will be notified of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

12. Contact Information

For questions about these Terms or the Service, please contact us:

13. Legal Disclaimer