Xadia

Terms of Service

Last updated: January 2025

Governing Law & Jurisdiction

These Terms of Service are governed by the laws of the United States. Xadia is designed and operated to comply with U.S. healthcare regulations, including HIPAA. By using our Service, you agree to submit to the exclusive jurisdiction of courts located in the United States for resolution of any disputes.

International Users

Xadia's compliance framework is based on U.S. HIPAA requirements. If you are accessing this Service from outside the United States, you are solely responsible for ensuring your use complies with all applicable local, regional, and national laws, including but not limited to data protection regulations such as GDPR, PIPEDA, LGPD, and other healthcare privacy laws.

By creating an account and using Xadia, you acknowledge and agree that:

  • You have reviewed your jurisdiction's data protection requirements
  • You accept responsibility for compliance with local laws
  • Xadia makes no representations about suitability for use in your jurisdiction

1. Acceptance of Terms

By accessing or using Xadia's smile simulation platform ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Xadia provides AI-powered smile simulation technology for dental professionals. Our Service allows dental clinics to create visual simulations of potential dental treatment outcomes for patient consultation purposes.

Important: Smile simulations are for illustrative purposes only and do not constitute medical advice, diagnosis, or guarantee of treatment outcomes. Dental professionals remain solely responsible for clinical decisions and patient care.

3. HIPAA Compliance

Xadia is designed to comply with the Health Insurance Portability and Accountability Act (HIPAA). We will enter into a Business Associate Agreement (BAA) with covered entities upon request. Contact compliance@xadia.io to request a BAA.

4. Account Registration

To use our Service, you must register for an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Use multi-factor authentication when available
  • Notify us immediately of any unauthorized use
  • Be responsible for all activities under your account
  • Log out from shared devices after each session

5. Professional Use Only

Our Service is intended for use by licensed dental professionals only. By using the Service, you represent that you are a licensed dental professional or are operating under the direct supervision of one. You further represent that you maintain all required professional licenses and credentials in your jurisdiction.

6. Credits and Payment

The Service operates on a credit-based system. Credits are required to generate smile simulations. Credits are non-refundable and expire according to the terms of your subscription plan. All fees are exclusive of applicable taxes.

7. Patient Data and Privacy

You are responsible for:

  • Obtaining proper written consent from patients before uploading their photographs or data
  • Ensuring patient consent covers AI-powered processing of their images
  • Complying with all applicable healthcare privacy laws and regulations in your jurisdiction
  • Maintaining your own records of patient consents
  • Informing patients that simulations are for illustrative purposes only

For patients under 18 years of age, you must obtain consent from a parent or legal guardian.

8. Acceptable Use

You agree NOT to:

  • Upload patient data without proper consent
  • Use the Service for any unlawful purpose
  • Attempt to reverse engineer or extract our AI models
  • Share account credentials with unauthorized users
  • Use simulations to mislead patients about guaranteed outcomes
  • Violate any applicable healthcare regulations

9. Intellectual Property

All content, features, and functionality of the Service are owned by Xadia and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of patient photographs you upload; however, you grant us a limited license to process such images solely to provide the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SMILE SIMULATIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT GUARANTEE TREATMENT OUTCOMES. DENTAL PROFESSIONALS REMAIN SOLELY RESPONSIBLE FOR CLINICAL DECISIONS AND PATIENT CARE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XADIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM CLINICAL DECISIONS, PATIENT OUTCOMES, OR REGULATORY NON-COMPLIANCE.

12. Indemnification

You agree to indemnify and hold harmless Xadia, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any claims by patients or third parties related to your use of simulations

13. Modifications to Terms

We reserve the right to modify these terms at any time. We will notify users of significant changes via email or through the Service at least 30 days before changes take effect. Continued use of the Service after changes become effective constitutes acceptance of the modified terms.

14. Termination

We may terminate or suspend your account at any time for violations of these terms, suspected fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. We will retain PHI for 30 days following termination to allow for data export, after which it will be securely deleted.

15. Dispute Resolution

Any disputes arising from these Terms or use of the Service shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Class action lawsuits are expressly waived.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Information

For questions about these Terms of Service, please contact us at legal@xadia.io

For HIPAA or compliance-related inquiries: compliance@xadia.io