Pearlii Terms & Conditions

1. Welcome

The Pearlii App (App) is owned and operated by Pearlii Pty Ltd (ABN 87 637 995 512) (we, us or Pearlii). Each reference in these terms to “the App” includes all materials that we make available to you on the App, the services we provide on the App and any upgrades to the App. These terms of use govern your access to and use of the App. By clicking “Agree” to these Terms of Use, you agree to comply with these terms and our Privacy Policy, which is located at link and incorporated into these terms. Please read these terms carefully.

If you do not agree to these terms or if you are under the age of 18, then you must immediately stop using the App.

A copy of the Terms of Use will be available to you on the App. We may revise these Terms of Use from time to time without notice if we reasonably consider that such changes:

Any such changes will take effect when the revised terms are uploaded to the App.

For all other changes to these Terms of Use, we will inform you about these changes via by email 30 days in advance of the changes taking effect.

Your continued use of this App will be regarded as your acceptance of these Terms of Use as amended from time to time.

2. The App

Our vision is to become a global leader in dental screening and education. We dream about one day offering dental screening to everyone in the world, regardless of income, education and location.

The goal of the App is to inform you about dental health generally and provide you with the opportunity to look for indicators of some of the most common dental concerns such as tooth decay, calculus and gingivitis and to indicate your dental health risks over time. We aim to create higher awareness about dental health by sending you reminders and providing you with information to keep you on track with your dental health journey.

Check-in

The Pearlii check-in is intended to provide a risk indication for the most common types of dental health concerns, based on photographs taken by you on your mobile device that you upload to the App. Using artificial intelligence the App will provide you with a recommendation about whether to visit a dental professional for further review.

We perform quality control of the App with a team of algorithm and image recognition experts, collaborating with dental professionals. In cases where a potential dental health risk is capable of being identified through the App, we will provide feedback to you about the possible next step to take based on the results of the Pearlii check-in. The goal of the App is to help you understand your dental health. It is not intended to replace traditional methods of the evaluation of dental health risk level, is not a diagnosis, and is not a substitute for visits to a dental professional. The App is not intended for use for persons under 18 years old. The accuracy of the results identified through the App is dependent on the photographs taken by you on your mobile device and provided through the App.

The App may be modified by us at any time, without notice.

3. Mobile In-App Purchases

If you make any In-App Purchase (such as purchasing a credit for a check-in) platforms such as Apple or Google will be party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions.

Please review the platform’s terms of service for additional information and please contact the relevant platform concerning any refunds or purchases made via the App. Pearlii will not be responsible for refunds or purchases made via the App using third party platforms

4. Intellectual property

All of the copyright and intellectual property rights subsisting in the App (including the check-in results, software, design, text, graphics and layout) (“Materials”) are owned or licensed by us.

We grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable licence to download, store, view, reproduce and display the Materials (excluding any software code) solely for your personal, non-commercial use in connection with viewing and using the App. You must not sell, reproduce, distribute, modify or adapt the App or its Materials (including any software code).

We do not claim ownership rights in any information or data you submit or upload via the App or provide to us in any other way (such as photographs or feedback) or which we collect (including technical or geolocation data in any form) from the App (“Your Content”). By submitting, uploading or otherwise making available Your Content to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable and transferable licence to use, reproduce, communicate to the public, modify, adapt, distort, destroy, and create derivative works of, any of Your Content, without attribution, subject to any restrictions in our Privacy Policy. This licence will end when Your Content is deleted from our systems.

5. Privacy

We need certain personal information about you to provide services through the App and to improve the App, including information that we collect from you through your use of the App (such as photographs and your personal information provided to create an account). Our Privacy Policy contains information about how we will treat your personal information as you access and use the App. You can access our Privacy Policy at link

6. Your responsibilities

As a condition to accessing and using the App, you will be required to create an account with us by creating an account using your full name, a current and valid email address and password.

If you register by creating an account using the App, you are responsible for maintaining the strict confidentiality of your login details for the App and are responsible for any activity under your account. You must not share your password, give access to your account to others or transfer your account to anyone else. You must immediately notify us of any unauthorised use of your account or password or any other breach of security. It is your sole responsibility to control the use of your password and access to and use of your account.

You agree that we may send you commercial electronic messages via various channels (including by email, SMS, phone and mail) where you have not opted out from receiving such electronic messages sent to you by us. If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and/or our Privacy Policy. Your agreement to receive commercial electronic messages from us will be effective until you opt out. We will treat your personal information in accordance with our Privacy Policy.

When using the App, you must:

7. Disclaimers and Liability

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT OTHERWISE AS PROVIDED BY LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS IN RELATION TO THE APP, THE MATERIALS OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE HAVE NO OBLIGATION TO YOU TO UPDATE OR UPGRADE THE APP OR TO FIX ANY FAULTS OR ERRORS WITHIN THE APP.

THE INFORMATION PROVIDED BY THE APP IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE DIRECT DIAGNOSIS. THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL DENTAL ADVICE, DIAGNOSIS OR TREATMENT. YOU ACKNOWLEDGE THAT THE APP MAY IDENTIFY AN ISSUE WHICH A QUALIFIED DENTIST WOULD ADVISE REQUIRES NO TREATMENT, AND THE APP MAY FAIL TO IDENTIFY AN ISSUE WHICH A QUALIFIED DENTIST WOULD ADVISE REQUIRES PROMPT TREATMENT. WE ACCEPT NO RESPONSIBILITY AND DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY PERSON’S RELIANCE ON OR USE OF INFORMATION PROVIDED BY THE APP.

YOU ACKNOWLEDGE AND AGREE THAT WE RELY ON YOUR CONTENT TO PROVIDE OUR SERVICES. THE FORM AND QUALITY OF YOUR CONTENT (FOR EXAMPLE LOW-QUALITY PHOTOGRAPHS OR INACCURATE DENTAL HEALTH HISTORY) MAY IMPACT THE SERVICE THE APP CAN PROVIDE TO YOU.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. We acknowledge that you may be a consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees, rights and remedies may be conferred on you, which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, our liability to you is limited at our option to:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE APP OR ANY OTHER MATTER COVERED BY THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

THE APP MAY CONTAIN LINKS TO OTHER APPS OPERATED BY THIRD PARTIES WHO ARE NOT ASSOCIATED WITH US, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY. WE HAVE NO CONTROL OVER THOSE APPS OR THE SERVICES MADE AVAILABLE THROUGH THEM, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

8. Rights to suspend or terminate access

We may suspend, terminate or block your access to all or any part of the App at any time and without prior notice to you.

The provisions of these terms regarding intellectual property, privacy and liability survive termination or the end of your use of the App.

9. Apple devices

If you downloaded the App through the Apple App Store, you acknowledge that these terms constitute a custom end user license agreement between us.

10. Waiver

Failure or neglect by us to enforce at any time any of these terms will not be construed or deemed to be a waiver of the rights of our under these terms.

No waiver by us of our rights under these terms will be deemed a waiver of any other term or provision and will be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

11. Governing law

These terms of use are governed by the laws in force in Victoria, Australia and will be subject to the exclusive jurisdiction of the courts in Australia.

12. Contact us

You can contact Pearlii at the contact details below at any time:

support@pearlii.com

Last updated 14 April 2020