Terms of Use

Terms of Use Agreement governing use of this ToothIQ Website

Integration Compensation Services, LLC d/b/a Symbyos ("Symbyos"), a Colorado company having its principal place of business at 275 Century Circle, Suite 203, Louisville, CO 80027, supports the rights of consumers to be fully informed about their oral health needs and treatment options. Moreover, Symbyos endeavors to enable dentists to practice dentistry efficiently, ethically and profitably within the limits of the law.

To help fulfill those goals, and so long as all of the terms and conditions of this Terms of Use Agreement ("Agreement") are agreed to, Symbyos makes restricted access to this website ("ToothIQ") available to dentists who wish to have access for any period of time ("Subscribers") and their "Authorized User" employees (defined below); as well as to certain dental students and faculty ("Educational Users") of, and the Authorized User employees of such dental training facilities that may be permitted to access and use ToothIQ ("Approved Dental Schools") under the terms of a separate agreement. Limited access to this website may also be provided to other types of users as explicitly set forth in this Agreement.

Symbyos makes this website, or portions thereof, available, in exchange for any required fees ("Access Fees") as may be agreed upon and charged to Subscribers and Approved Dental Schools, to help educate patients and dental students about oral health and dental treatment. 

Access to ToothIQ is controlled by a login and password, and requires all Subscribers and Educational Users to agree to all of the terms and conditions set forth in this Agreement .

By accessing the login areas of this website, Subscriber or Educational User as applicable agrees to all terms and conditions of Agreement. If Subscriber or Educational User does not agree to the terms and conditions of this Agreement, they should immediately cease all usage of this website. Symbyos reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Such modifications and amendments shall become effective immediately upon being posted on this website. 

Subscriber's or Educational User's continued use of ToothIQ after modifications or amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications and amendments. For avoidance of doubt, Subscribers and Educational Users will be notified through the login process when this Agreement has been modified, before continued access to ToothIQ is allowed.

Subscriber's or Educational User's sole remedy for not agreeing to all of the terms and conditions of Agreement as modified from time to time shall be discontinuation of Subscriber's or Educational User's login account and billing account (if applicable).

1. Description

Content and Systems

Text, illustrations, photographic, radiographic, animated video and other clinical media ("Clinical Content") made available through ToothIQ is intended to efficiently assist consumers in achieving a sufficient understanding of their oral health and its relationship to overall wellness, so that consumers may be reasonably informed participants in decisions about oral healthcare. Clinical Content is not intended to substitute for the advice of a qualified health professional, and use of Clinical Content does not constitute the practice of dentistry.

Clinical Content made available through ToothIQ is produced and owned by Symbyos, with all rights reserved by Symbyos. 

Symbyos also owns and maintains the systems that serve the Clinical Content on this website, including without limitation, all source code, programs, databases, data structures, software architecture, logical navigation, hosting and streaming accounts, ("Systems").

Who may access ToothIQ™

Access to Clinical Content through ToothIQ is provided via a login account ("Login Account") to Subscribers and Educational Users, and access may be extended by Subscribers and Educational Users to certain other Authorized Users on behalf of Subscribers and Educational Users as specifically set forth herein.

Access to Clinical Content on this site is restricted to licensed dentist Subscribers who pay any agreed upon Access Fees for a Login Account, and the direct employees and agents of such Subscribers, who may use ToothIQ only as explicitly set forth in this Agreement, in the fulfillment of their job descriptions on behalf of Subscribers ("Authorized Users"), and whose full compliance with all of the terms and conditions of this Agreement shall be the sole responsibility of Subscriber. 

Educational Users of any Approved Dental School may also access Clinical Content if any agreed upon Access Fees have been paid by, or on behalf of such Approved Dental School. The term "Authorized Users" shall extend to include the employees of any Approved Dental School, who in the fulfillment of their job descriptions on behalf of Approved Dental School may use ToothIQ only as explicitly set forth in this Agreement, and whose full compliance with all of the terms and conditions of this Agreement shall be the sole responsibility of the Approved Dental School employing such Authorized User.

Access to Clinical Content by any other parties shall be strictly controlled as set forth under Use of Content and Systems below. 

Hardware and software requirements

Subscribers and Approved Dental Schools are responsible for providing any necessary hardware and software to allow Subscribers and Educational Users to access ToothIQ through their Login Account. Such hardware and software consists miminally of a Web-enabled device, a browser with installed Flash v10.0 (or higher) plugin, and an Internet connection. Alternatively, an iPad® (iPad is a registered trademark of Apple Computer, Inc.) with Internet connectivity may be used. 

A broadband Internet connection with at least 1Megabit/s continuously available download bandwidth is recommended for ideal streaming of any video content for each user who is simultaneously streaming video from a single Internet connection. Updated operating system software, and browsers are also recommended. Subscribers and Approved Dental Schools are responsible for ensuring that access to ToothIQ is compatible with their combination of Web hardware and software.

Access Fees, Login Accounts and Termination

Subscribers must pay the agreed upon Access Fees reasonably established by Symbyos. Subscriber's subscription may be terminated by either Symbyos or Subscriber at any time for any reason, including non-payment of Access Fees due. Payment is made in advance for the forthcoming billing period as set forth by Symbyos.

Approved Dental Schools must pay the agreed upon Access Fees reasonably established by Symbyos on behalf of Educational Users, according to the terms set forth in a separate agreement between Symbyos and Approved Dental Schools. Symbyos reserves all right to terminate an individual Educational User's Login Account at any time for violating any of the terms of this Agreement, or at such time as Educational User's affiliation with Approved Dental School terminates, without affecting the agreed upon Access Fees or requirements to pay such Access Fees by such Educational User's Approved Dental School.

Termination of Subscriber Login and billing accounts 

If Subscriber shall terminate Subscription during any billing period for which Access Fees have been paid, Symbyos shall have no obligation to prorate or refund any portion of Subscriber's Access Fees. For avoidance of doubt, Symbyos agrees in good faith to enable continued access to ToothIQ's Content and Systems for such terminating Subscriber for the full duration of the current billing period, for which any Access Fees have been paid, following notice of termination by Subscriber, unless Symbyos, at its reasonable discretion, shall deem continued access for such terminating Subscriber a liability to Symbyos, the Clinical Content, or the Systems; or if immediate account termination has been ordered as a matter of law, statute or other regulatory directive.

If Symbyos terminates Subscriber's Subscription prior to the end of a pre-paid billing period for any reason, Subscriber may be entitled to a pro-rata refund of the Access Fee. Notwithstanding the foregoing, Symbyos shall make all reasonable commercial attempts to supply all Subscribers with access to ToothIQ for the full paid duration of Subscriber's billing period. Under no circumstance shall any pro-rata refunds such as may be applicable exceed the value of the Access Fee paid by Subscriber for a Login Account during the current billing period.

Trial subscriptions and complimentary access

Symbyos may at its reasonable discretion offer a Trial Subscription, free of Access Fees, in order to allow Subscribers to evaluate ToothIQ for up to 7 (seven) days without financial obligation on the part of Subscriber. Further, Symbyos may at its reasonable discretion offer complimentary access to certain content for an indefinite period. During any Trial Subscription period, or any other period of complimentary access to all, or any portion of ToothIQ, Subscriber shall continue to be bound by all of the terms and conditions of Agreement.

Subscribers who elect to purchase ongoing access to ToothIQ beyond any free Trial Subscription, or to any non-gratis portion of ToothIQ, must pay the required Access Fees on the required interval established by Symbyos, and agree to comply with all terms and conditions of Agreement.

Failure to pay any Access Fees that are due and payable shall result in (i) contact by Symbyos of Subscriber for attempted collection of the required Access Fee; or (ii) termination of delinquent Subscriber's Info Pro ABC Login Account, denying further access to ToothIQ.

To subscribe or unsubscribe, call Symbyos at 720-890-6004, or email toothiq_support@symbyos.com. 

Symbyos shall have no obligation whatsoever to create a Login Account for any party that it deems inappropriate for Subscription to ToothIQ.

For technical support with an existing Login Account, email toothiq_support@symbyos.com

Access Fee adjustments

Upon 30 (thirty) days advance notice of the expiration of Subscriber's current billing period, Symbyos may at its reasonable discretion adjust Access Fees in response to market conditions, operating costs, or other factors. Subscriber's sole remedy for not agreeing to any revised Access Fees for the forthcoming billing period shall be termination of Subscription and deactivation of Subscriber's Login and billing accounts.

2. Disclaimer of Warranties

ToothIQ is provided by Symbyos on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Symbyos makes no representations or warranties of any kind, express or implied, regarding the use or the results of ToothIQ, Clinical Content or Systems in terms of their specific applicability, correctness, accuracy, reliability, or otherwise. Symbyos shall have no liability for any interruptions in the use of this Website. Symbyos disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable in such jurisdictions.

USE OF TOOTHIQ DOES NOT CONSTITUTE THE PRACTICE OF DENTISTRY. DO NOT USE THIS SITE AS A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED DENTAL PROFESSIONAL. PERSONS HAVING DENTAL SYMPTOMS SHOULD NOT DELAY IN BEING SEEN BY A DENTIST OR PHYSICIAN BASED ON SOMETHING DISPLAYED, VIEWED OR OTHERWISE OBTAINED FROM THIS SITE. IF YOU CHOOSE TO RELY ON INFORMATION PROVIDED ON THIS SITE, OR OTHER SITES TO WHICH THIS SITE MAY FURNISH LINKS OR WEB ADDRESSES, YOU DO SO AT YOUR OWN RISK. SYMBYOS IS NOT LIABLE TO ANY SUBSCRIBER, AUTHORIZED USER, EDUCATIONAL USER, APPROVED DENTAL SCHOOL OR ANYONE ELSE FOR ANY DECISION MADE, OR ACTION TAKEN, BASED ON RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED INDIRECTLY THROUGH EITHER THE PUBLIC OR LOGIN AREAS OF THIS SITE.

3. Children's Privacy

Symbyos is committed to protecting the privacy of children. This site is not intended or designed to attract children under the age of 13. No personally identifying information is collected from any person known to be a child under the age of 13. View the complete ToothIQ Privacy Policies Statement.

4. Use of Content and Systems

Downloading, duplicating or reproducing text, source code, photographs, illustrations, images, audio, or videos (in general, Content), from this site is strictly forbidden for all users of ToothIQ. 

Redistribution of any of the Content found on this site other than as explicitly set forth herein for Subscribers, Authorized Users and Educational Users through such limited channels as may be made available by Symbyos, is also forbidden.

The Content of this site is protected by US and International Copyright Laws and Treaties. Ownership and Title to the Clinical Content and Systems rests with Symbyos. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement, and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the discretion of Symbyos. All rights related to Clinical Content and Systems not expressly granted herein are hereby assigned to Symbyos.

No user of this site may copy, reproduce, distribute, alter, adapt, modify, improve, translate, publicly perform or publicly display content or features of this site, or its systems, except that limited private display of Content for individual patients by Subscribers, Authorized Users, and Educational Users is allowed as explicitly set forth herein. No user may decompile, reverse engineer, disassemble, or otherwise attempt to derive Source Code from ToothIQ or Systems.

Subscribers, and Authorized Users may use Content only to educate individual patients of an individual dental practice; individual persons who may reasonably become patients of an individual dental practice; and immediate individual family members of patients of an individual practice.

Educational Users may use Content as part of their Approved Dental School's educational curriculum to learn or teach about diagnoses and procedures; to educate patients in the student dental clinics of Approved Dental Schools, and to educate immediate family members of patients in the student dental clinics of Approved Dental Schools.

Use of Content by any Users does not confer or transfer any ownership rights in Content to such User. All rights to Clinical Content and Systems shall at all times remain with Symbyos.

Subscribers, Authorized Users and Educational Users may not use the ToothIQ email system, or any other system to email Content to more than one person at a time, and may not copy emails sent by the ToothIQ email system for purposes of emailing multiple recipients with third party email systems.

Subscribers and Authorized Users my not use the ToothIQ email system for any purpose other than to email Subscriber's patients, prospective patients, or immediate family of Subscriber's patients ("Authorized Recipients") Clinical Content made available through ToothIQ, for the sole purpose of communicating oral health-related information to such Authorized Recipients.

Educational Users may use the ToothIQ email system solely to email patients and immediate family of patients of the dental clinics within their Approved Dental School any Clinical Content made available through ToothIQ, for the sole purpose of communicating oral health-related information. Availability to, and any use of the ToothIQ email system by Educational Users shall be subject to the approval of appropriate officials of Approved Dental Schools. 

No user shall interfere in any manner with the hosting of ToothIQ or its subsystems; remove, modify or obscure any proprietary rights notice(s), including without limitation any copyright notice(s), included in any user interface, screen shot, web page, presentation, video, animation, documentation or materials made available through ToothIQ.

Subscribers, Authorized Users and Educational Users may not provide User Information that infringes or violates any intellectual property rights, publicity/privacy rights, law or regulation; or is defamatory or obscene; contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information (personal or other); or is materially false, misleading or inaccurate. Symbyos may at its reasonable discretion take any appropriate remedial action if User Information violates any provision of these Terms of Use.

Subscribers, Authorized Users and Educational Users may not share, award, supply, transfer, delegate, sublicense or otherwise assign any Login Account information, whether or not for gain, with or to any third party for any purpose, and shall use all reasonable safeguards to protect the confidentiality of such Login Account information. Sharing, awarding, supplying, transferring, delegating, sublicensing or otherwise assigning any Login Account information with any party not authorized to access ToothIQ as explicitly set forth under this Agreement may be construed as theft, which will result in prosecution to the fullest extent allowed by law.

Violation of any of the Use provisions or other terms of Agreement by any Subscriber or Authorized Users shall result in termination of the violating party's Login Account. Violating the intellectual property rights of Symbyos will result in prosecution to the fullest extent allowed by law.

Symbyos cannot guarantee that a person who opens an email sent by the ToothIQ email system is the intended recipient, or that the email sent by System is delivered or deliverable, and all Subscribers and Educational Users assume any responsibility for following up with intended recipients of emails to verify that such intended recipient actually received the intended email.

Symbyos shall have the right to terminate any Login Account of any Subscriber or Educational User at any time for any reason. Subscriber's sole remedy in the event of Login Account termination shall be termination of billing of such Subscriber if applicable, and any pro-rata refunds as may be applicable. Under no circumstance shall any such refunds as may be applicable exceed the Access Fee paid by Subscriber for a Login Account during the current billing period. Educational User's sole remedy in the event of Login Account termination shall be non-use of ToothIQ.

5. Limitation of Liability

SYMBYOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SYMBYOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYMBYOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

6. Indemnification

Subscriber agrees to indemnify and hold Symbyos, its subsidiaries, affiliates, members, managers, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Subscriber's or Authorized Users' (acting on behalf of Subscriber) use of ToothIQ described in Section 1 (Description), the violation of this Agreement, or infringement by Subscriber, Authorized User (acting on behalf of Subscriber), or other User of ToothIQ, of any intellectual property or any other right of any person or entity.

Educational User also agrees to indemnify and hold Symbyos, its subsidiaries, affiliates, members, managers, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Educational User's or Authorized Users' (acting on behalf of Educational User) use of ToothIQ described in Section 1 (Description), the violation of this Agreement, or infringement by Educational User, Authorized User (acting on behalf of Educational User), or other User of ToothIQ, of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Services

Symbyos reserves the right to modify Clinical Content and Systems, and hosting and streaming of ToothIQ ("Symbyos Services") with or without notice to any user. 

Symbyos shall not be liable to any user or any third party should Symbyos exercise its right to modify Symbyos Services. Subscribers, Educational Users and Authorized Users acknowledge and accept that Symbyos does not guarantee continuous, uninterrupted or secure access to ToothIQ, and operation of ToothIQ may be interfered with or adversely affected by numerous factors or circumstances outside of its control. Symbyos shall not be required to pay any party paying for access to ToothIQ any amount for temporary interruptions in the availability of ToothIQ.

Symbyos agrees in good faith to notify any party paying for access to ToothIQ at least 30 days prior to discontinuing the availability of ToothIQ, following which the billing accounts of such paying parties will be suspended. Paying party's rights in event of such termination on Symbyos' part shall be limited to a pro-rata refund of Access Fees if applicable, as set forth in Section 1 (Description).

8. Third-Party Sites

ToothIQ may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that neither Symbyos nor Symbyos are responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for such third-party sites if there are any concerns regarding such links or the content located on such sites. User's use of third-party sites is subject to the terms of use and privacy policies of each site, and Symbyos is not responsible therefore. Symbyos encourages all Users to review privacy policies of any third-party sites before using those sites.

Links to third-party sites are provided solely for the convenience of the User, and Symbyos does not necessarily endorse materials or educational content presented, products, or services offered on those sites. Any User who chooses to access third-party sites does so at their own risk.

SYMBYOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SYMBYOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO USE OF THIRD-PARTY WEB SITES OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYMBYOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

9. Disclaimer Regarding Accuracy of Vendor and Other Third-Party Information

Product specifications and other information from Vendors and Third Parties have either been provided by the Vendors or collected from publicly available sources. While Symbyos makes every effort to ensure that the Clinical Content contained on ToothIQ is accurate, Symbyos makes no representations or warranties as to the accuracy or reliability of any Vendor or Third Party information provided on or through this website.

Symbyos makes no warranties or representations whatsoever with regard to any educational content presented, products or services offered by any Vendor or other Third-Party, and User acknowledges that any reliance on representations and warranties provided by any Vendor or Third-Party shall be at their own risk.

10. Governing Jurisdiction of the Courts

This website is operated and provided in the State of Colorado, USA. As such, it is subject to the laws of the State of Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Symbyos makes no representation that this website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access this site you agree to do so subject to the internal laws of the State of Colorado.

11. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use ToothIQ in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to use Systems to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

All Clinical Content and Systems included or available on this site and the selection and arrangements thereof is © Symbyos, with all rights reserved, or is the property of Symbyos and/or, if so indicated, third parties protected by intellectual property rights and used with permission of such third parties. 

Any use of Content or materials on this website except as explicitly set forth in this Agreement, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind is strictly prohibited. All users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy ToothIQ web pages or the content contained therein.

Symbyos's proprietary marks may not be used in connection with any product or service that is not provided by Symbyos, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Symbyos. ToothIQ™, ToothIQ OnYourWebsite™, and ToothIQ Elements™ are trademarks of Symbyos. Neither these trademarks, nor any other of Symbyos's proprietary marks may be used in connection with any product or service that is not provided by Symbyos, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Symbyos.

Any other proprietary marks displayed on this website are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or other third-parties. In addition, such use of proprietary marks or links to the web sites of Vendors or other third-parties is not intended to imply, directly or indirectly, that those Vendors or other third-parties endorse or have any affiliation with Symbyos.

The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from Symbyos-owned websites without the express written permission of Symbyos is strictly prohibited. 

13. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Symbyos designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Legal Department

Mail: Symbyos P.O. Box 270571 Louisville, Colorado 80027-5009
Telephone: 720-890-6004
Email: info@symbyos.com

14. HIPAA

Symbyos has made its email feature purposely generic to prevent any communication containing personal identifying, or protected health information. As a convenience, Subscribers and Educational Users can override the generic system message and subject line content in order to personalize the message to patients. Symbyos recommends that you do not use the email feature of this website to send personal identifying information of any kind to patients.

To comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), do not send protected health information of any kind via this website's email feature. Clicking or tapping the email feature's "Send" button authorizes our email servers to send the information you have typed and by doing so, you release Symbyos from any violation of HIPAA compliance.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum extent possible. User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Symbyos, at its sole discretion, to a third party in the event of any merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement that may exist between User and Symbyos, in relation to User's participation as a user. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of any personal or non-personal information and other practices as set forth in the ToothIQ Privacy Policies Statement.