Customer Consent & Informed Disclaimer Policy For SleepBrace Dental TeleCare Program Provided By TheTeleDentists

Effective Date: April 22, 2025

 

Introduction

SleepBrace Dental, a product of SmileKit (Legal Name: NANCHANG WHITE TECHNOLOGY CO.,LTD, a company organized under the laws of the People’s Republic of China, with its principal office located at YAOHUWESTROAD, GAOXIN DISTRICT, NANCHANG CITY, JIANGXI, CHINA,) branded for and marketed by Orthoxy Inc., company with its mailing address 2345 E Thomas Rd Ste 100#1119 Phoenix, AZ 85016., offers a preformed dental positioner categorized under FDA - device code “KMY”, Class I. The SleepBrace appliance is designed to promote dental alignment and jaw posture, tongue positioning, and orofacial muscle balance in a multi-stage system (D1, D2, D3). This document outlines the benefits, risks, and conditions of use for SleepBrace and the separate telehealth services provided through TheTeleDentists (Legal Name: E- Dental Services, LLC, dba The TeleDentists, organized under the laws of Missouri with its principal place of business at 14309 King Street, Overland Park, KS 66221) organization. While SleepBrace is a product of Orthoxy Inc., all TeleDentists services—including assessments, follow-ups, and checkups—are billed directly to the customer and are independent of the SleepBrace product purchase.

SleepBrace Dental products can only be purchased and shipped to customers who have completed a TeleDentists Assessment Form and received approval. If you attempt to purchase SleepBrace without completing the required assessment, your order will be canceled, and you may be subject to processing fees.

This Policy helps you make an informed decision about whether SleepBrace is suitable for you or the person under your care. For questions or support, our team is here to assist.

Non-Engagement in Medical Advice & Guarantees

Orthoxy Inc. does not provide medical advice, and no claims regarding the effectiveness of SleepBrace should be interpreted as a medical recommendation. Customers should rely only on the professional judgment of their assigned TeleDentists provider. The TeleDentists will assess if your mouth is healthy and a good candidate to use the appliance. It is up to the customer to proceed based on informed consent. Testimonials, product descriptions, and marketing materials are provided for informational purposes only and do not constitute a diagnosis, treatment plan, or guarantee of results.Any testimonial videos or success stories shared by patients represent individual experiences and do not guarantee typical results.

The information, including but not limited to, text, graphics, images, and other material contained on our website, social media, e-mail marketing, packaging materials, manuals, messages from our support team, or any other medium our company operates through are for informational purposes only. This information makes no representation and assumes no responsibility for the accuracy of information which is subject to change without notice. No material is intended to be a substitute for professional medical and dental advice, diagnosis, or treatment. Always seek the advice of your doctor or another qualified healthcare provider with any questions you may have regarding any condition or treatment and before undertaking a new healthcare regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website, our social media, messages from our support team or any other online or physical medium.

How SleepBrace Dental Can Help You

SleepBrace Dental is designed to support oral posture training and may assist in mild alignment improvements under professional guidance. It is not a replacement for braces or surgical treatment. Orthoxy Inc. connects you with a licensed dental professional through TheTeleDentists network, which operates independently from Orthoxy Inc. While TeleDentists professionals assist with assessments and treatment guidance, their services are billed separately from SleepBrace products but in most cases are included under a single invoice for simplicity, processed by Orthoxy Inc. These services are non-refundable, as they cover professional consultation time rather than product performance. SleepBrace is most effective when combined with myofunctional therapy — structured exercises, habits, and activities that target tongue posture, nasal breathing, and oral muscle tone. These exercises can be provided as part of your TeleDentist-guided plan. 

SleepBrace Dental consists of thermoplastic polymer BPA-free positioners that gently guide your teeth and jaw into alignment. Each positioner is designed for a specific stage of the alignment process, which typically lasts between 6 to 18 months. The information below assists you in making an informed decision about whether SleepBrace is right for you, including lasting benefits, potential challenges, and risks associated with treatment. If you have questions or concerns, please reach out to SleepBrace’s customer care team—we’re here to help you achieve your goals.

Benefits

• SleepBrace offers thermoplastic polymers and BPA-free dental positioners designed for effective alignment. Unlike traditional braces, SleepBrace positioners are discreet, comfortable, and easy to wear.

• The removable positioners allow you to maintain normal eating, brushing, and flossing routines without the undesirable side effects of braces.

• In addition to promoting better dental alignment, SleepBrace supports improved oral posture and jaw posture.

• Progress with SleepBrace is primarily driven by habit correction, functional training, and consistent nightly wear—not by mechanical force alone. 

Risks

SleepBrace positioners are not appropriate for all customers and may pose certain risks. These include possible:

Allergic Reactions

• It is possible for some customers to become allergic to the materials used to create the positioners. If you experience a reaction, please discontinue use and inform us and your primary care provider immediately.

Oral Health Concerns

• Cavities, Gum, or Periodontal Disease: Cavities, tooth decay, periodontal disease, inflammation of the gums, or permanent markings (e.g., decalcification) may occur or accelerate during use of positioners. These reactions are more likely to occur if you consume sugary foods or beverages, do not maintain proper oral hygiene, or fail to visit your dentist for preventative checkups at least every six months.

• In some circumstances, discoloration or white spots may occur; small cavities may increase in size, causing sensitivity and in some cases pain or tooth breakage; gingival inflammation may increase causing soreness or bleeding. If underlying periodontal conditions persist unchecked, they may become more prevalent, leading to tooth loss. You may have to discontinue use of SleepBrace positioners. All of these conditions will require you to seek care from a dentist of your choice.

Tooth and Nerve Damage

• Damage to Nerves in Teeth: Tooth movement may accelerate nerve damage or nerve death resulting in a root canal, other dental treatment, or loss of the tooth. It is not possible to predict which customers may experience nerve damage, but customers who have experienced tooth injury or had restoration work on a tooth are at higher risk. If your family dentist detects nerve damage prior to or during SleepBrace treatment, treatment may need to be discontinued or eventual tooth loss could occur.

Discomfort

• Your mouth is sensitive, so you can expect an adjustment period and some minor discomfort from using the positioners. You may also experience gum, cheek, or lip irritation while your tissues adjust to contact with the positioners. Further, your bite may change during treatment and may result in temporary discomfort. Your bite may require adjustment after completing the use of the positioners.

General Health Issues

• Overall medical conditions such as bone, blood, or hormonal disorders, and many prescription and non-prescription drugs (including bisphosphonates), can affect the movement of the teeth and the outcome of treatment.

Impacted and Supernumerary Teeth

• Teeth may become impacted or trapped below the bone or gums. Some customers are born with “extra” or supernumerary teeth. If you have impacted, unerupted, or supernumerary teeth, SleepBrace may not be an ideal option. If you have impacted teeth, you may go through a dental consultation process to determine if SleepBrace is right for you.

Additional Requirements for SleepBrace Stages

• D1 Stage: D1 is soft and generally won’t move teeth. However, a qualified professional from TheTeleDentists may require you to get an X-ray in accordance with state regulatory rules if there are concerns about your oral health or if you report feeling significant pressure or force on your teeth from D1.

• D2 Transition: You may be asked for additional photos of your teeth/mouth and potentially an X-ray before switching to D2, depending on the professional’s instructions. This ensures your progression is safe and suitable for continued treatment.

SleepBrace is most effective when combined with myofunctional therapy — structured exercises, habits, and activities that target tongue posture, nasal breathing, and oral muscle tone. These exercises can be provided as part of your TeleDentist-guided plan. 

Oral Piercings

• Piercings are contraindicated during SleepBrace therapy and should be removed during treatment. In some circumstances, failure to do so could result in fractured positioners or broken teeth, leading to termination of treatment.

Previous Dental Treatment

• SleepBrace positioners will not move implants and may not be effective on some dental restorations, such as bridges. Additionally, dental restorations, such as crowns, veneers, or bridges, may require replacement due to tooth movement.

Safety

• SleepBrace positioners may break, be swallowed, or inhaled. You may also have an allergic reaction to the materials used in the positioners.

Shortening or Root Resorption

• The roots of some customers’ teeth may become shorter (resorption) during use of positioners. It is not possible to predict which customers will experience this, but those who have had braces in the past are at higher risk. Resorption can impact the long-term health of teeth. If resorption is detected by your family dentist during treatment, treatment may need to be discontinued, or eventual tooth loss could occur. If a primary (or “baby”) tooth is present, any orthodontic movement would accelerate the resorption process, leading to its loss.

Supraeruption

• If a tooth is not properly covered by a positioner, it may migrate outwards (supraeruption) leading to difficulty cleaning, gum disease, tooth decay, and tooth loss.

Temporary Side Effects

• You may experience temporary changes in your speech or salivary flow while using positioners because of their presence in your mouth.

Temporomandibular Joint Dysfunction (TMJ)

• Problems may occur in the jaw joints during positioner therapy, causing pain, headaches, or ear problems. The following factors can contribute to this outcome: past trauma or injury, arthritis, hereditary history, tooth grinding or clenching, and some medical conditions.

Molars

• In most cases, SleepBrace positioners may not move molars. Positioners may not cover molars all the time.

Wisdom Teeth

• In the vast majority of cases, customers can proceed with SleepBrace treatment with the presence of wisdom teeth. Customers should consult with their family dentist or oral surgeon to determine the need and timing of wisdom tooth removal.

Do Not Use SleepBrace If You Have the Following Conditions:

• Severe open bites, severe overjet, severe overbite, tooth malocclusion requiring surgical correction, mixed dentition (both infant and adult teeth), dental prosthetics or dental implants, active periodontal disease, active tooth decay or dental caries, permanent retainers, mental illness, or thermoplastic polymers material allergy.

A Warning

• In rare instances, some people may be allergic to the plastic material used in the positioners or other included materials. If you happen to be one of them, stop using the product immediately and contact a healthcare professional. Orthodontic appliances can be accidentally swallowed or aspirated and may be harmful.

• SleepBrace is suitable for mild malocclusion correction. When in doubt, play it safe. Call a healthcare professional if you’re experiencing any adverse effects and get in touch anytime by completing a support ticket.

Nighttime Use and Limited Daytime Use Risks

Nighttime Use and Limited Daytime Use also has some additional pros and cons to consider. Obviously, the pros of not having to wear positioners all day and removing them in front of friends and family are great. Nighttime-only use offers increased convenience and privacy, but may extend treatment time and increase relapse risk. Consistent myofunctional practice is especially important in these cases.

Remember, by their very nature, this may require longer correction time. Your correction time will vary depending on treatment planning and requirements. There is a risk that, if you choose SleepBrace nighttime use only, you will experience more discomfort than standard treatment, as there will be additional strain on your teeth after having the positioners off each day for long periods. Don’t make decisions on your own without prior consultation with your local provider or TeleDentists.

You may experience other issues such as daytime wiggling of teeth. Once treatment is complete, Nighttime Users may also experience a higher likelihood of shifting post-treatment, which means you need to remain vigilant in wearing your retainers after treatment to avoid negative dental realignment. SleepBrace is not suitable for all candidates and works better with mild crowding and spacing issues. Further, you may see better results with standard protocols.

Other Risks and Warnings

SleepBrace Dental TeleCare Program Provided By TheTeleDentists is not intended as a replacement for regular dental examinations and dental care. Orthodontic treatment and the movement of teeth bring inherent and potential risks and side effects. In the case of positioner therapy, such risks include, but are not limited to, discomfort, swelling, sensitivity, numbness, sore jaw muscles, allergic reactions to dental materials, and unforeseen conditions that may be revealed during treatment which may necessitate extension of the original procedures or the recommendation of other customer-specific procedures. Additionally, the tissue attachment between the front teeth may become inflamed, which is a common result of positioner therapy. The procedure required to treat this, known as a frenectomy, is not a part of SleepBrace treatment, but is a recommended adjunctive treatment for the best outcome and long-term stability of your smile. If the tissue attachment becomes inflamed, The TeleDentists may recommend a frenectomy at a dental office. Breathing & Gag Reflex Warning - Because SleepBrace encourages closed-mouth nasal breathing, it may not be suitable for individuals with asthma, chronic nasal obstruction, or a strong gag or vomiting reflex. Use during sleep may increase the risk of discomfort, choking, or respiratory issues in sensitive users. If you have any history of respiratory conditions, sleep apnea, or difficulty removing oral devices independently, thoroughly consult a qualified provider before use.

Duration and Results

The length of time you wear the positioners and the results depend on many factors, including, but not limited to: the severity of your case, the shape of your teeth, or the amount of time you wear the positioners per day. The average person generally wears the positioners for six to 18 months, but your particular rate of tooth movement is impossible to predict and could take longer. If the duration is extended beyond the original estimate, additional fees may be assessed. Difficult cases may require additional procedures for ideal results.

Do not throw away your positioners at any point until your treatment is 100% complete and you have retainers. If at any point during treatment you are asked to go back to a previous positioner, for example, if you lose a positioner, we need for you to have all of your previous positioners available.

Future Retainers

Teeth may move again after you stop wearing the positioners. Retainers will be required to keep your teeth in their new positions for a lifetime. Your retainer should be worn full-time for two weeks and then nightly from then on. You can expect a retainer to last no more than one year, but this can vary greatly from customer to customer. Due to wear and tear, we recommend buying new retainers at least once every six months. Retainer replacement requirements and usage recommendations should be outlined during your treatment with TeleDentists. 

Whitening Product Considerations (If applicable - if you get one of our whitening products or kits)

• Type of Discoloration

• The whitening system will not lighten all teeth or restorations in teeth. Blue, gray, multi-colored, or striped discoloration may not respond to whitening. If you have gum recession or periodontal disease, the area of the tooth near the gum line may not respond to the whitening. Similarly, fillings, cavities, or other damage will not lighten. Use of cigarettes, wine, coffee, tea, and similar stain-producing agents will also slow the whitening process.

• White/Tooth-Colored Fillings

• White or tooth-colored fillings will not lighten or may become softer after using the whitening system. These fillings may need to be replaced after whitening to match lighter teeth or if they become soft.

Pregnancy

For women who are or may become pregnant: It is recommended that you consult your treating physician prior to starting or continuing treatment with SleepBrace.

Sensitivity and Irritation

Gum irritation may arise from excessive use of the whitening system, as well as throat irritation if the whitening agent is swallowed. Tooth sensitivity may occur during initial use. Additionally, discomfort and possible permanent nerve damage can arise if the whitening agent leaks into damaged or cracked teeth or fillings.

Reversible Effects

Whitened teeth can darken again over time. Reducing the consumption of certain types of foods and beverages will help minimize staining of teeth.

Alternatives

Alternatives to SleepBrace therapy include traditional braces, surgical options, and maintaining your current dental alignment and posture.

Informed Consent to Use of SleepBrace Product and Telehealth Services

I understand and acknowledge that Orthoxy Inc. markets the SleepBrace product, while TheTeleDentists and their licensed dental professionals (“Professionals”) are responsible for my dental care during the course of my participation in the SleepBrace TeleCare program. These professionals may provide me with certain services leveraging technology tools, including asynchronous and/or synchronous telehealth technologies (“Telehealth Technology”).

The purpose of this Consent form is to provide you with highly important information about the products offered in connection with the SleepBrace TeleCare program and the use of Telehealth Technology by TheTeleDentists Professionals to determine whether the SleepBrace product is appropriate for you. This information is intended to enable you to make an informed decision about whether the TeleDentists SleepBrace TeleCare  program and the use of Telehealth Technology is appropriate for your condition and needs, and to fully understand the benefits and risks associated with the SleepBrace TeleCare program and Telehealth Technology.

Role of the Professional

A licensed Professional from TheTeleDentists will perform an asynchronous or synchronous review of your medical information, dental impressions or intraoral scan, images, self-reported data, treatment plan, and potentially other important information to assess, in his or her sole discretion, whether the SleepBrace TeleCare program, including use of the positioners, is appropriate for you.

Role of Telehealth Technology in Assisting Professional

There are many benefits, but also risks associated with receiving care via Telehealth Technology. Benefits include convenience, increased access, and the ability to receive care in your home. The risks are outlined below in the following section. The Professional may request that you halt receiving care via Telehealth Technology and instead receive in-person care if the Professional deems appropriate. Services provided through Telehealth Technology may involve electronic communication of my personal medical information to Professionals that may be located in other areas, including out of state. You understand that your personal information, including health information, will be shared with TheTeleDentists, the Professional, and potentially other third parties or persons for the purposes of diagnosis, treatment planning, and ensuring safe usage of the SleepBrace product, and I hereby consent to the sharing of this information with such parties.

Risks Associated with Use of Telehealth Technology

You understand that use of the Telehealth Technology has risks associated with it, such as:

1. Information that you transmit through the Telehealth Technology may be insufficient to allow for appropriate decision-making by the Professional.

2. Failures of equipment (e.g., servers, devices) or infrastructure (e.g., communications lines, power supply, software failures) may cause interruptions and delays in the provision of care and treatment, or loss of information.

3. In rare events, security protocols could fail, causing unauthorized access to your health information. Your privacy is secured by our systems. If there is a privacy breach, you would be notified.

You acknowledge that, although TheTeleDentists and Orthoxy Inc. strive to prevent unauthorized access to information about you through encryption of information transmitted by the Telehealth Technology and other security measures, they cannot guarantee that your use of the Telehealth Technology and the information will be private or secure, and you consent to this risk, as well as any other risks outlined in this Consent form.

Accuracy of Information Submitted to the Professional

In order for the Professional and TheTeleDentists to provide you with quality services, it is important that you provide 100% accurate and complete responses to questions. You understand that the Professional will rely on this information to provide services to you, as inaccurate information can result in harm or injury to you. You acknowledge and agree that you are solely responsible for ensuring that the information submitted by you is accurate, complete, and current at all times.

Important Requirements for Participation in SleepBrace TeleCare Program

By electronically signing this Informed Consent, you hereby represent, acknowledge, and agree to all of the following:

• I have a treating dentist located in my home state who provides me with dental care on a regular basis. I have discussed the SleepBrace TeleCare program with my treating, local dentist and was afforded the opportunity to ask questions about the use of dental positioners and the SleepBrace TeleCare program.

• Within the past 12 months, my treating dentist has cleaned and examined my teeth for any dental issues, such as loose teeth, defective fillings, crowns or bridges, and shortened or reabsorbed roots, has taken x-rays of my teeth, and has probed or measured my gum pockets and confirmed that I do not have periodontal or gum disease.

• My dentist performed a full oral-cancer screening in the last 12 months and I do not have oral cancer.

• I have no pain in any of my teeth or jaws.

• I have no loose teeth.

• I have no “baby teeth” and all of my permanent teeth are present.

In the event that the Professional who is assisting with the evaluation and determination of whether I am an appropriate candidate for the SleepBrace product, including the development of my treatment plan, determines that additional observation by my personal dentist (i.e., the dentist who performed an in-person exam in the past 12 months) is required to proceed, I will make an appointment and re-certify an attestation addressing the identified concern within 30 days of my receipt of the concern from a Professional, and I fully understand that my treatment may be delayed during this period of time.

In addition, by electronically signing this Informed Consent, I further hereby represent, acknowledge, and agree to all of the following:

• I have no expectation that the SleepBrace TeleCare program will correct any existing bite condition. I understand I will need to seek dental advice from a separate dental professional if I desire to correct any bite condition because, although my teeth may become better aligned, any preexisting bite condition will remain compromised after my participation in the SleepBrace TeleCare program.

• I represent that I fully understand the risks, benefits, and alternatives described above in deciding to enter into an agreement to participate in the SleepBrace TeleCare program.

• I understand that, in addition to discussing the information contained in this form with a Dental Professional and providing written consent by signing this Consent form, I may be required to provide oral consent or other forms of consent consistent with my local state laws.

• I hereby voluntarily consent to fully participate in the SleepBrace TeleCare program, as part of my dental treatment program, after having been advised of the risks and disadvantages of the treatment. I acknowledge that dental care is not an exact science and that neither Orthoxy Inc. nor TheTeleDentists makes any guarantees regarding the services provided through the SleepBrace TeleCare program, except as otherwise expressly set forth herein, and I elect to receive services with full understanding of this information.

• I have the right to withdraw this consent at any time by sending written notice, including my name and address, to support@trysleepbrace.com or through the appropriate support ticket form. I understand and agree that my withdrawal will be effective upon Orthoxy Inc.’s receipt of this written notice, except that my withdrawal will not have any effect on any action taken by Orthoxy Inc. and TheTeleDentists in reliance on this consent before the withdrawal notice was received. I acknowledge and agree, however, that withdrawal of this consent may result in the termination of my access to certain services from Orthoxy Inc. and/or TheTeleDentists.

By signing this Consent form, I hereby represent that I have fully read and understand the terms, and I fully agree to and accept all of the terms set forth herein.

Agreement to Arbitrate and Class Action Waiver

I hereby attest that I have read and agree with, and have taken time to consider the consequences of this important decision, the terms of Orthoxy Inc.'s Agreement to Arbitrate and Class Action Waiver that is attached hereto. I agree that any dispute regarding the products and services offered by Orthoxy Inc. and/or TheTeleDentists, including but not limited to medical malpractice disputes, will be determined on an individual basis (and not as a class, representative, or collective action) by submission to arbitration pursuant to the attached Agreement to Arbitrate and Class Action Waiver, and not by a lawsuit filed in any court, except individual claims within the jurisdiction of Small Claims Court. I understand that to initiate the arbitration, I must send a Demand for Arbitration pursuant to the agreement in the attached Agreement to Arbitrate Form. I agree that the arbitration shall be conducted by a single, neutral arbitrator selected by the parties and shall be resolved using the rules of the American Arbitration Association.

Exchanges and Returns *

If you receive a SleepBrace product that is damaged, let us know by completing a support ticket, and we will replace it. Orthoxy Inc. provides refunds, replacements, reimbursements, or credits only for products. However, all payments for TeleDentists services, including assessments, follow-ups, and consultations, are final and non-refundable. TeleDentists charges apply regardless of treatment outcomes, as they cover the time and expertise of licensed professionals. Most products ship the same day they are ordered, or in the case of custom positioners, we begin production as soon as you complete your purchase. Once an order has been placed, we cannot accept exchanges, returns, or refunds.

TeleDentists Services, Fees, and Refund Policy *

TeleDentists services, including the SleepBrace TeleCare Program, operate independently from Orthoxy Inc. However, for simplicity, all charges—both for SleepBrace products and TeleDentists services—are combined under a single invoice processed by Orthoxy Inc.

By using TeleDentists services, you acknowledge and agree to the following:

• All TeleDentists services—including initial assessments, follow-up consultations, email checkups, SleepBrace TeleCare program, and video consultation checkups—are separate from Orthoxy’s SleepBrace products and are billed directly to you at the time of service.

• TeleDentists fees are non-refundable, as they cover the time and expertise of licensed dental professionals, not product performance. However, in the event of billing errors, duplicate charges, or failure to provide a scheduled consultation, a refund or credit may be issued by TheTeleDentists upon verification of the error.

• Consultation fees remain payable even if you decide not to proceed with SleepBrace treatment or if you are determined to be ineligible.

• Orthoxy Inc. only provides refunds, reimbursements, or credits for SleepBrace products—not for TeleDentists services.

• If you have concerns about your treatment or need additional guidance, you may schedule additional TeleDentists consultations at your own expense.

Understanding These Terms Before Payment:
Before proceeding with your purchase, ensure that you understand the difference between SleepBrace product costs and TeleDentists consultation fees. If you have questions, reach out to SleepBrace’s customer care team before making payment, as all service charges are final.

International Shipping

We ship to all U.S. states. Costs of international shipments are the responsibility of the customer.

Disputed or Past Due Accounts

Disputed or past-due accounts may result in delayed or discontinued treatment and may void your eligibility for certain guarantees.

Video/Photograph Release  *

I hereby grant Orthoxy Inc. the irrevocable right and permission to use photographs and/or video recordings of me to disclose information about me for the purposes of creating photographs or video clips, as well as stand-alone pictures/graphics in which I may appear and/or be heard, for internal purposes, including training Orthoxy Inc. employees. Orthoxy Inc.'s use of any photographs or video recordings will be limited to internal websites and publications and will not be used on social media or any public media platforms.

I understand and agree that such photographs and/or video recordings of me may be placed on internal Orthoxy Inc. websites. I also understand and agree that I may be identified by name and/or title in such internal printed websites or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape, and digital files are and shall remain the property of Orthoxy Inc.

I hereby release, acquit, and forever discharge Orthoxy Inc., its current and former directors, agents, officers, and employees of the above-named entity, its affiliates, or assigns, from any and all claims, demands, rights, promises, damages, and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness, or defamation.

I hereby warrant that I am eighteen (18) years old or more and competent to contract my own name or, if I am less than eighteen years old, that my parent or guardian has signed a parental release form. This release is binding on me and my heirs, assigns, and personal representatives.

Data Handling Policy

TheTeleDentists via Vsee is a HIPAA-compliant telehealth provider, ensuring the secure collection, processing, and storage of Protected Health Information (PHI) in accordance with U.S. federal and state laws. All patient data, including medical assessments, consultation records, and submitted images, is handled through HIPAA-secured systems and is accessible only to licensed dental professionals. 

By using TheTeleDentists services, you agree that the following types of data may be collected and processed: personal information including name, contact details, and shipping address processed by Orthoxy Inc.; medical information including self-reported health data, dental history, assessment responses, images, and telehealth records processed by TheTeleDentists; and payment information securely processed by third-party payment processors, as Orthoxy Inc. does not store financial data.

All medical and health-related data collected by TheTeleDentists will be securely retained for a minimum of seven years, as required by HIPAA and state regulations. After this period, the data will be permanently deleted unless further retention is required by law.

To provide telehealth services and fulfill product orders, data may be securely shared with licensed dental professionals within TheTeleDentists network, third-party HIPAA-compliant cloud storage providers for secure record-keeping, payment processors for transaction handling such as Stripe and PayPal, and shipping and logistics partners, with Orthoxy Inc. receiving necessary data.

Users have the right to request a copy of their medical records stored by TheTeleDentists, withdraw consent for data processing, request correction of inaccurate personal health data, and request deletion of their data after the legally required retention period. To make a data request, users may contact TheTeleDentists customer support at [insert contact email].

TheTeleDentists and Orthoxy Inc. implement industry-standard data encryption, access controls, and cybersecurity protocols to protect user information. However, users acknowledge and accept that electronic data transmission always carries a small risk of interception or breach, server failures, cyberattacks, or unauthorized access could result in data exposure, and TheTeleDentists assumes full legal responsibility for securing patient health records. By agreeing to this policy, users acknowledge that Orthoxy Inc. is not directly responsible for handling or securing medical data, and all healthcare-related records are managed under TheTeleDentists' HIPAA-compliant systems.

Agreement to Arbitrate and Class Action Waiver

By agreeing to this Consent, you agree that you are required to resolve any claim that you may have against TheTeleDentists, or their affiliated dental professionals, and product marketer Orthoxy Inc.,  (collectively, "TeleDentists and Affiliates"), including but not limited to medical malpractice disputes, will be determined on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against TeleDentists and Affiliates, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against TeleDentists and Affiliates by someone else.

Agreement to Binding Arbitration Between You and TeleDentists and Affiliates

You and TeleDentists and Affiliates agree that any dispute, claim, or controversy arising out of or relating to (a) the Customer Consent or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the services and products you order and/or receive from TeleDentists and Affiliates at any time, whether before or after the date you agreed to the Consent, will be settled by binding arbitration between you and TeleDentists and Affiliates, and not in a court of law.

You acknowledge and agree that you and TeleDentists and Affiliates are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and TeleDentists and Affiliates otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TeleDentists and Affiliates each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms of the Consent are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Consent, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure

Unless you and TeleDentists and Affiliates otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TeleDentists and Affiliates submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Orthoxy Inc. and TheTeleDentists will not seek, and hereby waive all rights they may have under applicable law to recover, attorneys’ fees and expenses if Orthoxy Inc. and TheTeleDentists prevail in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $5,000, Orthoxy Inc. will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

If Orthoxy Inc. changes this Arbitration Agreement after the date you first agreed to the Consent (or to any subsequent changes to the Consent), you may reject any such change by providing Orthoxy Inc. written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, or (b) by completing a support ticket. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Orthoxy Inc. and TheTeleDentists in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Consent (or to any subsequent changes to the Consent).

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.