Terms

Terms and Conditions

You must read and accept these Terms and Conditions to use the Tooth Fairy App or Tooth Fairy Healthcare Ltd Web App, including registering an Account and using our Services. If you do not agree, cease use immediately. Limited portions are viewable without registration, but participation or information storage requires registration.

Who We Are

We, Tooth Fairy Healthcare Ltd registered in England (Company No. 11118805), own and operate this Web and mobile App.

We license you to use the Tooth Fairy dental app and online web app, including any services provided under the app (“App”) and any updates or supplements to it, as permitted in these terms.

Your Privacy

Under data protection legislation, we are required to provide you with certain information, including who we are, how we process your personal data and for what purposes. We must also provide you with information on your rights in relation to your personal data and how to exercise them.

This information is provided in our Privacy Policy, which can be found via this link.

You may receive service-related emails; no marketing emails will be sent without your consent.

Other Terms that May Apply to You

Our Cookie Policy, found via this link, will also apply and sets out information about the cookies used by the App.

The way in which you can use the App may also be controlled by the Apple App Store rules and policies, and Google Play Store’s rules and policies will apply instead of these terms where there are differences between the two.

How You May Use the App, Including How Many Devices You May Use It On

In return for your agreeing to comply with these terms, you may download or stream a copy of the App onto the number of devices your license outlines and view, use and display the App on such devices for your personal purposes only.
Provided you comply with the License Restrictions, you may make up to ONE copy of the App for back up purposes.
You may receive and use any free supplementary software code or update of the App incorporating ‘patches’ and corrections of errors are we may provide to you.
Over 18

You must be 18 or over to accept these terms and use the App.

Accounts for those under 18 must be created and supervised by a parent or guardian over the age of 18.

No Transfer

We are giving you personally the right to use the App as set out in this agreement. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes

We may need to change these terms to reflect changes in law or to deal with additional features which we introduce.

We will give you notice of any changes by notifying you when you next start the App.

If you do not accept the notified changes, you will not be permitted to use the App.

We may change our subscription prices. We will give you reasonable notice of any price increase or material change. If you do not agree, you may cancel before the changes take effect and you will not be charged the increased price.

Continued use after any changes take effect constitutes acceptance of any changes.

Your Subscription

Our subscription plans and prices are set out at the point of registration. You can get further information via our Live Chat in app. Prices include VAT unless otherwise stated. If VAT or other applicable taxes change, we will adjust the price accordingly. We may change prices from time to time.

When you submit your details for a subscription, you make an offer to purchase access to our App and the related services on these terms. The contract is not formed until you receive confirmation to the email address provided.

You authorise us to charge the subscription fees to your selected payment method on the billing dates shown within the App. Payment is due in advance for each subscription period, whether this be a monthly, quarterly or annual subscription.

We do not provide physical invoices unless required by law, but you may view and download receipts in your account.

Subscriptions renew automatically at the end of each billing period for the same term at the then-current price, unless you cancel before renewal. We will send you a clear remind of your upcoming renewal and how to cancel. You can switch off auto-renewal at any time in your account.

Free Trials and Promotional Offers

We may offer free trials or promotional pricing. The duration and any conditions will be stated at sign-up. At the end of a free trial, your subscription will convert to a paid subscription, and your payment method will be charged at the then-current price unless you cancel before the trial ends. We will provide clear information on how to cancel before charges apply.

Updates to the App

From time to time, we may automatically update the App to fix errors, address security, or comply with regulations. Alternatively, we may ask you to update the App for these reasons.

Significant changes to the App will be communicated where possible.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

While we aim for continuous availability, temporary suspensions for updates or emergencies may occur but advanced notice will be given where possible.

Nature of Information and Relationship

The App functions to connect Dental Practitioners with Users, but all Practitioners are independent and solely responsible for medical advice and recommendations.

The App complies with applicable healthcare and data protection laws.

Content provided by the Services, including responses to your questions, may involve dental professionals but does not constitute dental advice, diagnosis, or create a dentist-patient relationship. Information is for scheduling, informational, and payment purposes only, primarily from independent health professionals and organisations. Tooth Fairy Healthcare Ltd does not guarantee responses to questions or the availability of a Practitioner at any time.

The services provided within the App are not meant to replace or be used instead of the NHS or your regular dental visits.

Information from our app, site, or any related communications is not a substitute for professional dental advice, diagnosis, or treatment. Do not delay or disregard consulting a qualified healthcare practitioner because of content accessed through our Services. In emergencies, seek immediate physical medical attention and call 999. Use of Information is solely at your own risk, and we do not endorse specific tests, practitioners, or opinions found through the Services.

No Dental Professional-Patient Relationship

Use of the Services or information provided through Tooth Fairy Healthcare Ltd does not establish a dental professional/patient relationship. We make no guarantees about Practitioner qualifications, advice, or availability, nor do we endorse any individuals listed through the Services. Users should independently verify Practitioners and always follow up online advice with an in-person examination.

Consultations

Consultation allocation is based on Practitioner availability and objective criteria. Practitioners with agreements with Tooth Fairy Healthcare Ltd provide consultations, but we do not recommend or endorse any Practitioner, nor do we receive extra fees for featuring any Practitioner.

Practitioners must hold valid licences and certifications, and we may exclude those who engage in inappropriate or unprofessional conduct.

We have no control over and cannot guarantee the availability of any Healthcare Practitioner at any time.

Services and Prescriptions

Account registration is required. Information provided during registration must be current and accurate.

The Services may display Practitioner pricing; payment information is processed per our Privacy Policy. Before booking, review consent to treatment, service pricing, and included/excluded services. Responsibility for agreeing to additional or different services lies with you and your practitioner.

Consultations are charged in 10-minute sessions; purchases must be in full increments, with no refunds for unused minutes. The quality of your connection is your responsibility.

An Electronic Medical Record (EMR) is created from submitted information, notes, and prescriptions. This EMR may be shared or analysed for audits or in response to lawful requests. You may request a copy or restrict access as outlined in the Privacy Policy.

Tooth Fairy Healthcare Ltd acts as data controller for platform operations and user management; Practitioners are independent data controllers regarding clinical matters.

Video consultations are recorded for quality and security, retained as necessary, and are not public. Access to recordings is limited.

Prescriptions are valid only at legal UK pharmacies for personal use. Prescribing is subject to restrictions and costs are set by and paid to the dispensing pharmacy. We do not set prescription fees or guarantee replacement of lost prescriptions. If you cannot authorise payment, services are not provided.

Products and services may not be appropriate for all users, and we make no representations regarding their safety or effectiveness. Advertised third-party products are for awareness only.

Use of Automated Systems

The Web App may use automated systems, including artificial intelligence, for administrative functions, but these do not replace independent professional judgement. All clinical decisions are by Practitioners. Outputs from automated systems depend on information you provide and may not reflect individual circumstances.

We will provide transparency about the use of automated systems as required by law.

License Restrictions

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or support by the App.
User Responsibilities

Although Services provided within the App are free, typical fees for dental services are your responsibility. Disputes are to be resolved directly with the Practitioner.

Links

You may link to our Web and mobile App in a fair and legal manner that does not imply association or endorsement. Deep linking requires express written permission. You may not link from sites with prohibited, offensive, or illegal content.

Links to other sites or apps are for reference only; we assume no responsibility for external content.

Acceptable Usage Policy

You must:

Not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, such as viruses, or harmful data, into the App or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App, (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.
Intellectual Property

All intellectual property rights in the App throughout the world belong to us, Tooth Fairy Health Care Limited and our licensors, and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

All content provided is for personal, non-commercial use, copying, distributing, or exploiting the content for commercial purposes is prohibited.

You retain rights to your own content, subject to any required consents and legal obligations.

Advertising

We may display advertising within the Web App; advertisers are responsible for their content. Attempts to remove advertising are prohibited.

Termination

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If a payment for your subscription fails, we may retry but we may suspend or restrict your access until payment is made. You must ensure your payment details remain valid and up to date.

We may suspend your rights in the event of inactivity.

You may cancel your subscription at any time via your account settings or by contacting our Customer Services via Live Chat. Cancellation will take effect at the end of your current billing period, and you will continue to have access until then. We do not provide pro-rata refunds for partial periods unless required by law or expressly stated otherwise at purchase.

Annual subscription cancellation is allowed within 14 days if no credits are used; else, charges are calculated based on consultations used. Statutory cancellation rights remain unaffected.

Indemnification

You agree to indemnify and hold harmless, Tooth Fairy Healthcare Ltd and its affiliates for claims arising from your use of the App.

You must comply with all applicable laws, including export control and anti-bribery laws, in connection with your use of the App. You warrant that you are not located in, or controlled by persons in, a country subject to comprehensive sanctions or on any applicable restricted party list.

Our Responsibility for Loss or Damage Suffered by You

We are responsible to you for foreseeable loss and damage caused by our gross negligence or misconduct. If our gross negligence or misconduct causes us to fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for other’s actions. We are not liable for user actions, clinical decisions, or content accessed through the App. The App and Services are provided “as is”, without express or implied warranties. No part of the Web App constitutes advice on which you should rely—seek professional or specialist advice for dental matters. Liability for loss or damage is limited as permitted by law; nothing excludes liability for negligence, fraud or unlawful conduct.

Our role is limited. Our role is limited to providing the Web App and facilitating user-Practitioner communications, not the clinical content of consultations.

We are not liable for damage to your property. We take reasonable are to keep the App secure but cannot guarantee it is free from malware. Users are responsible for their own security.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any commercial use of the App is a breach of these terms and may result in termination of your rights to use the App.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore site and on our website) meet your requirements.

We are not responsible for events outside our control. If our provision of the App or support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

Assignment

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or obligations under these terms to another person if we agree in writing.

Third Party Rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Severability

If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately.

Delay in Enforcing this Contract

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Governing Law

These Terms and Conditions are governed by the law of England & Wales. Consumers benefit from any mandatory protections in their country of residence. Disputes are subject to the courts of England and Wales, or as determined by your residency if you are a consumer. This means that if you live in Scotland, you can bring legal proceedings in respect of the App in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the App in either the Northern Irish or English courts.

Support for the App and How to Tell Us About Problems

Support. If you want to learn more about the App or have any problems using them please take a look at our support pages.

Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at office@toothfairyapp.co.uk . Complaints will be investigated thoroughly.

How we will communicate with you. If we have to contact you, we will do so by email, using the contact details you have provided when registering.

Your Consumer Rights

You have statutory rights under the consumer protection laws which apply in addition to and are not affected by these terms. For information about your rights, visit the Citizens Advice website or call 0808 223 1133.