Terms of Service

1Acceptance of Terms

By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. Your agreement with us includes these Terms and our Privacy Policy (collectively, the "Agreements"). If you are using the Services on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to these Terms on behalf of that organization. If you do not have such authority, or if you do not agree to these Terms, you must not use the Services.

• You must be at least eighteen (18) years old to use the Services. By accessing or using any of Company's Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms.
• You must have the legal capacity to enter into binding agreements under the laws of your jurisdiction.
• If representing an organization, clinic, or healthcare practice, you must have proper authorization to bind that organization to these Terms.
• Your use of the Services is subject to all applicable local, national, and international laws and regulations.
• These Terms may be updated from time to time; your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the changes.
• If you do not agree with the updated Terms, you are no longer authorized to use the Services.

2Description of Service

Our Platform is a web-based, Software-as-a-Service (SaaS), clinical decision support tool designed for cephalometric analysis of dental and orthodontic patient imaging, enabling informed health decisions and the preparation of personalized care plans by dental practitioners, such as orthodontists, general practitioners, other physicians, and healthcare providers (collectively, "Providers"). For avoidance of any doubt, we, the Company, are not a Provider of medical advice or a healthcare provider. The Platform enables Providers to perform lateral cephalometric analysis, trace anatomical landmarks using AI-powered detection, calculate measurements according to multiple analysis methods, and generate professional reports. Additionally, through the use of the Services, the Platform enables Providers to manage patient records, store dental imaging securely, and share analysis results as applicable.

• AI-powered automatic landmark detection on lateral cephalometric radiographs using deep learning models, with the ability to detect up to 153 anatomical landmarks.
• Manual landmark placement and fine-tuning adjustment with precision tools for clinical accuracy verification.
• Multiple standardized analysis methods including Steiner Analysis, Ricketts Analysis, Downs Analysis, McNamara Analysis, Wits Appraisal, and custom analysis configurations.
• Professional PDF report generation with comprehensive analysis results, clinical interpretations, normative comparisons, and visual overlays.
• Secure patient record management system with encrypted image storage, patient metadata, and analysis history.
• Visual Treatment Objective (VTO) prediction capabilities for simulating treatment outcomes based on proposed skeletal and dental movements.
• Superimposition tools for comparing pre-treatment, mid-treatment, and post-treatment cephalometric tracings to evaluate treatment progress.
• Multi-language support for international practitioners, currently available in 7 primary languages.
• Smart image classification using AI to automatically categorize dental photographs and radiographs.

The Services are intended only for access and use by qualified dental and medical professionals who are at least eighteen (18) years old. The Platform is designed to process patient data, including dental imaging of patients of any age (including minors), as provided by authorized healthcare Providers. The Company makes no representations that the Services are appropriate or available for use in all jurisdictions.

3Medical Disclaimer — No Medical Advice by Company

ALL OF THE MATERIALS AND INFORMATION GENERATED BY THE PLATFORM OR PROVIDED THROUGH THE SERVICES (EXCEPT IF PROVIDED BY A PROVIDER), SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MEASUREMENTS, ANALYSIS RESULTS, TRACING DATA, AND ANY OTHER MATERIALS OR INFORMATION, ARE ONLY FOR INFORMATIONAL AND CLINICAL DECISION SUPPORT PURPOSES AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. EVEN IF AND WHEN MATERIALS AND INFORMATION ARE BASED ON PERSONAL HEALTH INFORMATION OR CLINICAL PROTOCOLS, SUCH MATERIALS AND INFORMATION DO NOT CONSTITUTE MEDICAL CARE, ADVICE, OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF A QUALIFIED DENTAL OR MEDICAL PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH. ADDITIONALLY, THE COMPANY DOES NOT PROMISE ANY PARTICULAR RESULTS WITH REGARDS TO PERSONAL HEALTH IN CONNECTION WITH THE USE OF THE SERVICES. IN CASE OF A MEDICAL EMERGENCY, CONSULT WITH A PROVIDER OR CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

• zCeph is a clinical decision support tool — NOT a diagnostic medical device. All clinical decisions must be made solely by qualified, licensed dental or medical professionals who bear full responsibility for their clinical judgment.
• AI-generated landmark detection, analysis results, measurements, and interpretations are automated suggestions provided for convenience. They MUST be independently verified, reviewed, and approved by a licensed practitioner before any clinical use, treatment planning, or patient communication.
• The Company does not guarantee the accuracy, completeness, reliability, or clinical applicability of any AI-generated analysis, measurement, or prediction. AI models may produce errors, particularly in cases of poor image quality, unusual anatomy, or edge cases.
• The Company does not recommend or endorse any specific imaging modalities, tests, treatments, medications, Providers, products, procedures, opinions, or other information that may be mentioned or suggested through the Services. Reliance on any information provided through the Services is solely at your own risk.
• All Providers using the Services are independent of the Company. Any information or advice provided by a Provider through the Services comes from the Provider, not from the Company. The Company does not undertake any responsibility for the quality of medical advice or the manner in which it is provided by Providers.
• Any doctor-patient or Provider-patient relationship exists solely between the patient and the applicable Provider. The Company does not create, facilitate, or maintain any Provider-patient relationship.
• Treatment planning based on cephalometric analysis should consider all clinical factors, including but not limited to: patient history, physical examination findings, additional diagnostic imaging, and the overall clinical context — not solely computer-generated measurements or AI predictions.
• When using the Platform for processing patient imaging, provide the highest quality images possible. The performance of the Platform depends, among other factors, on the quality and detail of the imaging provided and the ability of the Platform to process such information.

The Company does not undertake any responsibility in relation to the quality of any medical advice, diagnosis, or treatment decisions made by Providers using the Services. While the Company may facilitate the processing and analysis of dental imaging, the Company does not provide medical services or medical advice, and all clinical responsibility rests with the applicable Provider.

4Limited License

Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services to the extent permitted by the features of the Service and your subscription plan. Organizations, companies, clinics, and/or healthcare practices may become users and use the Services for commercial clinical purposes, subject to these Terms. If you enter into a separate services agreement with the Company, the terms of that separate agreement shall govern your use if and when there is a conflict between the terms of the separate agreement and these Terms. Company reserves all rights not expressly granted herein in the Services and the Company Content (as defined below). Company may terminate this license at any time, for any reason, or no reason, upon notice to you.

• The license is personal to you and limited to the features, capabilities, and usage limits of your current subscription plan.
• You may not assign, sublicense, transfer, or otherwise convey this license to any third party without the Company's prior written consent.
• Organizations and clinics may designate authorized users, but each user must have their own account credentials.
• The Company reserves all rights not expressly granted herein, including all intellectual property rights in and to the Services.
• Any unauthorized use of the Services beyond the scope of this license shall constitute a material breach of these Terms.

5Registration

In order to access the Services, you will have to go through a registration process to open an account. You are solely responsible for the activity that occurs through your account, so we urge you to keep your account password secure and to always log off when leaving your computer unattended. Although the Company will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use — so we strongly recommend notifying us immediately of any unauthorized use of your account or any related security breach. In addition, you agree to control your password and other sensitive information in accordance with all applicable information security rules and regulations and to notify us immediately if an unauthorized person attempts to access or use your account or if any other security breach takes place.

• You must provide accurate, complete, and current information during the registration process. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
• You are solely responsible for maintaining the confidentiality of your account credentials, including your password.
• You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
• You may not use as a username the name of another person or entity, or a name or trademark that is subject to any rights of another person or entity without appropriate authorization.
• You may not use as a username any name that is offensive, vulgar, or obscene.
• It is your responsibility to monitor all activities under your account, regardless of whether you are aware of them.
• The responsibility for protecting your personal data and maintaining the confidentiality of your user information lies entirely with you.

6Account Responsibilities

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. If someone else uses your username or password, either with or without your knowledge, the Company will not be held liable for such use.

• Maintain strong, unique passwords and enable all available security features provided by the platform.
• Do not share your login credentials with unauthorized individuals. Each authorized user should have their own account.
• You are liable for any activities conducted through your account, including activities by third parties who obtain access through your negligence.
• Control your password and sensitive information (including Protected Health Information, or PHI, and Personally Identifiable Information, or PII) in accordance with applicable information security standards.
• The Company will not be liable for any losses incurred by you as a result of unauthorized use of your account, but you may be held liable for losses incurred by the Company or others due to any such unauthorized use.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel access in our sole discretion, at any time and for any reason.

7Subscriptions and Billing

Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle") or on a per-case basis, as applicable. Billing cycles are set either on a monthly or annual basis, or by volume, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle (or upon exhausting the number of allotted cases, if applicable), your Subscription will automatically renew under the same conditions, unless you cancel it or the Company cancels it. You may cancel your Subscription renewal by contacting the Company's customer support team before the start of the next Billing Cycle.

• A valid payment method, including credit card or other accepted payment methods, is required to process the payment for your Subscription. You shall provide the Company with accurate and complete billing information.
• By submitting payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment method.
• Should automatic billing fail to occur for any reason, the Company will issue a notification indicating that you must proceed manually with the full payment corresponding to the billing period.
• The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time or for a limited number of cases ("Trial"). At any time and without notice, the Company reserves the right to modify the terms of a Trial or cancel such Trial.
• During a Trial, the Services are provided "AS-IS" without any warranty or liability of the Company.
• The Company, in its sole discretion and at any time, may modify the Subscription terms and fees. Any Subscription change will become effective at the end of the then-current Billing Cycle. The Company will provide reasonable prior notice of any change.
• Except when required by law, paid Subscription fees are non-refundable.
• Your continued use of the Services after a Subscription change comes into effect constitutes your agreement to pay the modified Subscription fee.

8User Content and Ownership

Our Services allow you to upload, link, store, share, and otherwise make available certain information, dental imaging, text, graphics, analysis results, reports, or other material ("User Content"). You are responsible for User Content that you upload on or through our Services, including its legality, reliability, and appropriateness. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED OR SHARED BY YOU. THE USER CONTENT YOU CREATE OR SHARE REMAINS YOURS. However, you understand that by providing or sharing User Content through the Services, you agree to allow the Platform to process, store, display, and transmit your User Content as necessary to provide the Services.

• You retain any and all of your rights to any User Content you submit, post, or display on or through our Services, and you are responsible for protecting those rights.
• By uploading User Content, you grant the Company a royalty-free, non-exclusive, worldwide license to use, process, store, display, reproduce, and analyze such User Content solely as necessary to provide and improve the Services.
• You represent and warrant that: (i) User Content is yours (you own it) and/or you have the right to use it and/or the right to grant us the rights and license as provided in these Terms, and (ii) the uploading of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
• You also grant the Company the right to use fully anonymized and de-identified data derived from User Content for research, development, improvement of AI models, and enhancement of the Services. Such anonymized data cannot be used to identify any individual.
• The Company has the right but not the obligation to monitor and review all User Content provided by users.
• We take no responsibility and assume no liability for User Content you or any third party uploads on or through the Services.
• We reserve the right to terminate the account of anyone found to be infringing on any rights of a third party.

The Platform, its design, layout, and all Company-created content found on or through the Services are the property of the Company or used with permission ("Company Content"). You may not distribute, modify, transmit, reuse, download, repost, copy, or use Company Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

9Intellectual Property

The Services and their original content (including Company Content but excluding User Content), features, functionality, software, AI models, algorithms, and underlying technology are and will remain the exclusive property of the Company and its licensors, where applicable. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Vietnam and international jurisdictions. Our trademarks, service marks, and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

• The cephalometric analysis algorithms, AI landmark detection models, image processing pipelines, and analysis methods are proprietary technology of the Company.
• You may not reverse engineer, decompile, disassemble, or otherwise attempt to gain access to the source code of the Services or any part thereof.
• You may not copy, modify, create derivative works of, publish, sublicense, sell, market, or distribute the Services or any part thereof.
• You may not remove any proprietary notices, labels, or marks from the Services or any documentation.
• You may not access the Services in order to build competitive products or services, or copy any features, functions, or graphics of the Services.
• Any feedback, suggestions for improvements, ideas, problems, complaints, and other matters related to the Services ("Feedback") that you provide may be used by Company without any obligation of confidentiality, attribution, or compensation to you.
• Copyright infringement claims should be directed to [email protected] with a detailed description of the alleged infringement.

10Prohibited Uses

You may use our Services only for lawful purposes and in accordance with the Terms. You agree not to use our Services in any way that violates any applicable national or international law or regulation, or in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.

• In any way that violates any applicable national or international law, regulation, or professional standard.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors or any vulnerable persons in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
• To copy, modify, create derivative works of, publish, sublicense, sell, market, or distribute the Services or any part thereof.
• To reverse engineer, decompile, disassemble, or otherwise attempt to gain access to the source code of the Services.
• To remove any proprietary notices from the Services or any documentation or materials furnished by the Company.
• To access the Services in order to build competitive products or services, or copy any features, functions, or graphics.
• To make the Services available to anyone other than your authorized users, or to sell, resell, rent, or lease the Services.
• To use any robot, spider, crawler, or other automatic device, process, or means to access the Services for any purpose without our prior written consent.
• To use any manual process to monitor or copy any material on the Services for any unauthorized purpose.
• To use any device, software, or routine that interferes with the proper working of the Services.
• To introduce any viruses, trojan horses, worms, logic bombs, ransomware, or other material which is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any server, computer, or database connected to the Services.
• To attack the Services via a denial-of-service attack, distributed denial-of-service attack, or any other form of cyberattack.
• To perform vulnerability testing, load testing, penetration testing, or any other security test of the Services without Company's prior written consent.
• To publish or disclose to third parties any evaluation, benchmarking, or testing results of the Services without the Company's prior written consent.

11Analytics and Third-Party Services

We may use third-party Service Providers to monitor and analyze the use of our Services. These service providers collect information about your usage patterns to help us understand how the platform is used and to improve our Services. Additionally, we may use Service Providers for cloud hosting, payment processing, error tracking, and other operational purposes.

• Google Analytics: a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data may be shared with other Google services. For more information on the privacy practices of Google, please visit: https://policies.google.com/privacy
• Cloud hosting providers (including but not limited to AWS and similar services) for platform operation, data storage, and content delivery.
• Error tracking and application performance monitoring services for maintaining platform reliability and diagnosing issues.
• Payment processors for secure subscription billing and transaction processing.
• Email service providers for delivering service-related notifications, security alerts, and marketing communications.

We encourage you to review the privacy policies of all third-party service providers whose services we use. For more information about how these services handle your data, please refer to their respective privacy policies, which are available on their websites.

12Patient Data and Privacy

As a platform designed for processing dental and orthodontic patient imaging data, we take data protection and patient privacy extremely seriously. Patient data uploaded to the platform is processed solely for the purpose of providing the Services as instructed by the healthcare Provider. In this context, the healthcare Provider acts as the Data Controller — determining the purposes and means of processing — and the Company acts as the Data Processor, processing patient data on behalf of and in accordance with the instructions of the Provider. We do not have a direct relationship with patients and rely solely on Providers to secure appropriate consent.

• All patient images, records, and analysis data are encrypted both in transit (using TLS 1.2+) and at rest (using AES-256 encryption).
• We implement industry-standard and healthcare-grade security measures to protect sensitive health data, including role-based access control, audit logging, and intrusion detection.
• We will never sell, rent, or trade patient data to any third party under any circumstances.
• Patient data is stored on secure cloud servers with comprehensive access controls, redundancy, and regular security audits.
• Healthcare Providers are solely responsible for obtaining all necessary patient consents, authorizations, and legal bases before uploading any patient data to the platform.
• For patients who are minors (individuals under the age of 18), the Provider represents and warrants that they have obtained legally valid consent from the minor's parent or legal guardian to collect, use, and share the minor's data through the Services.
• We comply with applicable data protection regulations in the jurisdictions where we operate, including but not limited to GDPR, CCPA, and applicable Vietnamese data protection laws.
• Fully anonymized and de-identified data may be used for platform improvement, research, development, and enhancement of AI models. Such anonymized data cannot be traced back to any individual patient.

The responsibility for patient consent, data accuracy, regulatory compliance, and the appropriateness of uploading specific patient data lies entirely with the healthcare Provider. The Company processes patient data solely in accordance with the Provider's instructions and applicable law. When applicable, communications between patients and Providers are generally privileged and may not be disclosed without authorization except under specific, limited circumstances as required by law.

13Service Availability and Modifications

We reserve the right to withdraw or amend our Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

• Scheduled maintenance windows will be communicated in advance when reasonably possible, but emergency maintenance may occur without prior notice.
• We may restrict access to certain features, API endpoints, or the entire platform at any time based on technical requirements, security concerns, or business decisions.
• We are not liable for any downtime, interruptions, data loss, or service unavailability resulting from factors beyond our reasonable control.
• Features and functionality may be added, modified, deprecated, or removed without prior notice as we continue to develop and improve the platform.
• We will make commercially reasonable efforts to notify users of significant service changes, deprecations, or discontinuations.

14Warranty Disclaimer

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, ANALYSIS RESULTS, AI PREDICTIONS, OR PRODUCTS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

• NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
• WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.
• THE COMPANY DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE AGREEMENTS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

• EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
• THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• NO ACTION ARISING UNDER OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE FORM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; ACTIONS BROUGHT THEREAFTER ARE FOREVER BARRED.

16Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliated entities, and their respective officers, directors, employees, agents, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorneys' fees) arising from:

• Your use of and access to the Services, including any User Content transmitted, uploaded, or received by you.
• Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein.
• Your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property rights.
• Your violation of any applicable law, rule, regulation, or professional standard.
• Any content that is submitted via your account, including without limitation misleading, false, or inaccurate information.
• Your negligence or willful misconduct in connection with the use of the Services.
• Any other party's access and use of the Services with your unique username, password, or other appropriate security code.
• Any claim related to patient care, diagnosis, or treatment decisions made using or informed by the Services.

17Force Majeure

The Company will not be deemed in breach of these Terms due to any failure or delay in performance caused by any event or occurrence beyond the Company's reasonable control, including, without limitation:

• Acts of God, storms, natural disasters including earthquakes, floods, hurricanes, tsunamis, and volcanic eruptions.
• Pandemics, epidemics, public health emergencies, quarantines, and government-ordered lockdowns.
• War, terrorism, invasion, civil unrest, riots, insurrection, or armed conflict.
• Government actions, sanctions, embargoes, trade restrictions, or regulatory changes.
• Failures of public networks, telecommunications infrastructure, internet backbone providers, or transportation networks.
• Power outages, electrical shortages, or energy supply disruptions.
• Cyberattacks, including but not limited to distributed denial-of-service (DDoS) attacks, ransomware, or other malicious activities beyond our reasonable ability to prevent.
• Labor disputes, strikes, lockouts, or shortages of qualified personnel.
• Equipment shortages, supply chain disruptions, or third-party service provider failures.
• Fire, explosion, or other catastrophic events.

18Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Services or contact our support team to request account deletion.

• Upon termination, your right to use the Services ceases immediately.
• You may request export of your data (including patient records and analysis results) prior to account termination. We will provide a reasonable period for data export upon request.
• We may retain your data for a reasonable period following termination as required by applicable law, regulatory requirements, or legitimate business needs (such as backup retention and audit trails).
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, confidentiality obligations, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
• The Company shall not be liable to you or any third party for any termination of your access to the Services.

19Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by the competent courts of Vietnam, and you agree to submit to the exclusive jurisdiction of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

20Class Action Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICES, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

21Amendments to Terms

We may amend the Terms at any time and from time to time by posting the amended Terms on this website. It is your responsibility to review these Terms periodically. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

22Severability and Waiver

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

23Data Management and Cloud Services

Our Services utilize cloud-based infrastructure to transfer, store, process, copy, back up, and edit data associated with your account and your use of the Platform. By using the Services, you grant zCeph a limited, non-exclusive license to access, use, process, and transmit your data solely to the extent necessary to provide, improve, protect, and back up the Services. This license includes the right to index your content for search functionality, implement security measures, and create encrypted backup copies to ensure data resilience. We implement industry-standard data management practices including automated backup schedules, data redundancy across geographically distributed data centers, encryption at rest and in transit, and regular data integrity verification checks.

• Cloud Storage: Your data is stored on secure cloud infrastructure with AES-256 encryption at rest and TLS 1.2+ encryption in transit. Data is replicated across multiple availability zones for high availability and disaster recovery.
• Data Processing: We process your uploaded dental images and related data using AI-powered algorithms to generate cephalometric analyses. All processing occurs on secure, isolated servers with strict access controls.
• Backup and Recovery: Automated daily backups are performed on all user data. Backup data is encrypted and stored in geographically separate locations. In the event of data loss, we will use commercially reasonable efforts to restore your data from the most recent backup.
• Data Portability: You may export your data at any time through the Platform's export functionality. We support standard data formats to facilitate data portability and interoperability with other systems.
• Data Retention: Upon account termination or deletion, your data will be retained for a period as described in our Privacy Policy, after which it will be securely deleted or anonymized in accordance with applicable data protection laws.
• Data Integrity: We implement checksums, verification processes, and monitoring systems to ensure the integrity of your data throughout its lifecycle in our systems.
• Infrastructure Security: Our cloud infrastructure is hosted by certified providers (SOC 2 Type II, ISO 27001) and undergoes regular security assessments, penetration testing, and compliance audits.

24Feedback, Suggestions, and Improvements

We welcome and encourage you to provide feedback, comments, suggestions, ideas, and recommendations for improvements to the Services (collectively, "Feedback"). You may submit Feedback at any time through our customer support channels, in-app feedback forms, or by contacting us at the email address provided in the Contact section. By submitting Feedback, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of any third party; (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (c) we may already be considering or developing something similar to the Feedback; and (d) we shall be entitled to use, implement, reproduce, modify, and distribute the Feedback for any purpose, without restriction, attribution, or compensation to you.

• You retain no intellectual property rights in any Feedback you submit to us. By providing Feedback, you irrevocably assign to zCeph all right, title, and interest in and to the Feedback.
• We are not obligated to implement any Feedback, and the decision to implement any suggestions remains solely at our discretion.
• If you report a bug or technical issue, we will use commercially reasonable efforts to investigate and address the issue in a timely manner, but we make no guarantees regarding the timeline or outcome of such investigation.
• Feature requests will be evaluated based on feasibility, alignment with our product roadmap, and potential benefit to our user community.
• We may create a public roadmap or changelog to communicate upcoming features and improvements, but we are under no obligation to do so.

25Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be resolved in accordance with this section. The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other. If the parties are unable to resolve the dispute through informal negotiations, either party may proceed to binding arbitration as set forth below.

• Binding Arbitration: Any unresolved dispute shall be submitted to final and binding arbitration administered in accordance with the rules of the Vietnam International Arbitration Centre (VIAC) or another mutually agreed-upon arbitration body. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or appointed by the arbitration body if the parties cannot agree.
• Location: Unless the parties mutually agree otherwise, arbitration proceedings shall be conducted in Ho Chi Minh City, Vietnam, or remotely via videoconference at the discretion of the arbitrator.
• Language: The arbitration shall be conducted in English, unless both parties agree to an alternative language.
• Costs: Each party shall bear its own costs and attorney's fees incurred in connection with the arbitration. The fees and expenses of the arbitrator shall be shared equally between the parties, unless the arbitrator determines that a different allocation is appropriate.
• Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any 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.
• Small Claims: Either party may bring claims in small claims court if the claims are within the jurisdiction of the small claims court.
• Time Limitation: Any arbitration or court action must be commenced within one (1) year after the cause of action arises, or the claim is permanently barred.
• Confidentiality: All arbitration proceedings, including any awards or decisions, shall be treated as confidential by the parties, except to the extent disclosure is required by applicable law or to enforce the arbitration award.

26Cancellation and Refund Policy

This section describes the cancellation and refund policies applicable to paid Services. We strive to provide clear and fair policies regarding the cancellation of subscriptions and the processing of refunds. If you wish to cancel your paid service subscription, you may do so at any time through the account settings within the Platform or by contacting our customer support team. Please read this section carefully to understand your rights and obligations regarding cancellation and refunds.

• Subscription Cancellation: You may cancel your subscription at any time. Upon cancellation, your access to paid features will continue until the end of your current billing period. After the billing period expires, your account will revert to the free tier (if available) or be deactivated.
• No Pro-Rata Refunds: Unless required by applicable law, we do not provide pro-rata refunds for any unused portion of a subscription period. If you cancel mid-cycle, you will retain access to paid features until the end of the current billing period.
• Free Trial Cancellation: If you cancel during a free trial period, you will not be charged. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid subscription, and you will be charged the applicable fees.
• Refund Eligibility: Refunds may be issued at our sole discretion in the following cases: (i) you were charged in error; (ii) a material service outage prevented you from using the Platform for a significant portion of your billing period; or (iii) as required by applicable consumer protection laws.
• Refund Processing: Approved refunds will be processed within 10-15 business days and credited back to the original payment method. Refund processing times may vary depending on your payment provider.
• One-Time Purchases: For one-time purchase products (if applicable), you may request a refund within seven (7) calendar days from the date of purchase by contacting our customer support team. After the 7-day period, no refunds will be issued for one-time purchases.
• Service Re-Activation: If you cancel and later wish to resume paid services, you may re-subscribe at any time. Your previous data may be retained for a reasonable period as described in our data retention policy, after which it may be permanently deleted.
• Price Changes: We reserve the right to change subscription prices at any time. Price changes for existing subscribers will take effect at the start of the next billing period following notice of the price change. If you do not agree with the new pricing, you may cancel your subscription before the new price takes effect.

27Contact Information

BY USING ANY OF THE SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. For questions, concerns, feedback, or requests for technical support, please contact us through the channels listed below.