WYZZDOM USER AND SOFTWARE LICENSE AGREEMENT
YOU MUST NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE HAVING A MEDICAL EMERGENCY, YOU MUST CALL 911 FOR EMERGENCY MEDICAL SERVICES.
1. SCOPE OF SERVICE
Wyzzdom provides a platform for transmitting data between dentists (“Providers”) and Users.  The Services do not in any way replace a traditional face-to-face examination by a dentist. Wyzzdom does not provide any dental or other medical services itself.All of the Providers are independent of Wyzzdom and use the Services as a way to communicate with Users.[Wyzzdom does not make any representations or warranties about the training or skill of any Provider who provides information via the Services.] 
Wyzzdom is an anonymous medical information service based on visual images and text.  Following the submission of a case, a Provider will review the image and any accompanying information and provide thoughts about the case. The general medical information provided is based on the information at hand and should not be regarded as a definitive diagnosis, but merely as guidance and a complement to an initial and previous consultation with the User’s dentist. Under no circumstances should you attempt self-treatment or treatment of someone else solely based on anything you have seen or read through the Services.
[The Services are for informational purposes only and should not be construed as professional dental advice, diagnosis, treatment or care, nor are the Services a substitute for a thorough oral evaluation and diagnosis by a competent and licensed health provider.]  Always seek the advice of a dentist or other qualified health provider properly licensed to practice dentistry in your jurisdiction. Never disregard professional dental advice or dental treatment or delay in seeking it. Information obtained from the Services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
THE INFORMATION DISPLAYED VIA THE SERVICES IS NOT AND SHOULD NOT BE CONSTRUED AS DENTAL OR MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL DENTAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH TREATMENT MAY BE APPROPRIATE FOR YOU. NEITHER WYZZDOM NOR THE PROVIDER(S) REPRESENT THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR USERS. THE SERVICES SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO OFFER OR RENDER A DENTAL OR MEDICAL OPINION OR OTHERWISE ENGAGE IN THE PRACTICE OF MEDICINE OR DENTISTRY BY WYZZDOM.
The Services include content provided by third parties (including without limitation the Providers). All statements and/or opinions expressed in these materials, and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wyzzdom. Wyzzdom is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
2. [NO DOCTOR-PATIENT RELATIONSHIP
ANY INFORMATION PROVIDED BY WYZZDOM OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE SERVICES, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH PROVIDERS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A DOCTOR-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. RELIANCE ON ANY INFORMATION ACCESSED THROUGH THE SERVICES IS SOLELY AT THE USER’S OWN RISK.] [to discuss / confirm with healthcare counsel]
3. NO ENDORSEMENTS
Wyzzdom does not recommend or endorse any specific brand of products, services, procedures, business, or other information that appears or that may be advertised on the Services.
The price list for the Services is stated on the Site or App at the time of your use of the Services. Wyzzdom reserves the right to change the price list without notice. It is therefore important to check the price before use of the Services. Taxes are included in all announced prices.
If any erroneous transactions are made, [a case-by-case inquiry will be made and if the payment is shown to be erroneous, a refund will be made in an appropriate manner.] 
5. PAYMENT 
Wyzzdom aims to deliver a reply to your query according to the payment structure the user choses. If Wyzzdom has not responded to your query within 48 hours, the consultation fee paid will be refunded upon demand.
6. GRANT OF LICENSE
7. INTELLECTUAL PROPERTY
8. COPYRIGHT INFRINGEMENT
The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded or otherwise made available on the Services infringes upon any copyright which you own or control, you may so notify us in accordance with our DMCA process at [email@example.com][INSERT EMAIL ADDRESS].In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Users who are deemed to be repeat infringers. Wyzzdom may also at its sole discretion limit access to the Services or terminate the account of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. OTHER RESTRICTIONS
Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Services is prohibited. Other than as permitted by applicable legislation, you will not, and you will not allow any person to, modify the Services or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Services or any part thereof, or to make products derived from the Services or any part thereof.
10. CONFIDENTIALITY OF INFORMATION RECEIVED BY WYZZDOM
All information received from Users and the corresponding answers sent by Providers [are kept separate]  from any details of User’s Apple App Store ID, Google Play ID, Payson ID, or PayPal ID. No IP number, UDID number, phone number, location tracking (other than the City/Country provided in the query)  is collected. The interest of Wyzzdom is that Users remain anonymous. Completed files are saved with only the unique case number that User receives. Neither the responding Provider nor Wyzzdom can in any way identify the User behind a query. User submissions must not contain anything that might reveal his or her identity; [any submission that contains identifying information will be rejected.]  User should keep your case number in a secure place and not share it with others. If User does choose to contact Wyzzdom for any reason such as but not limited to providing feedback, requesting a refund, reporting a bug, we encourage you to create an anonymous email account without any identifiable features such your name.
11. LIMITATION OF LIABILITY
The Services do not replace a traditional face-to-face examination by a dentist.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WYZZDOM, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT OR DENTAL INFORMATION PROVIDED ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, MEDICAL INJURY, DENTAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. FDA regulation Class I [To be reviewed/updated by healthcare regulatory attorney; this is outdated.]
Mobile apps that display, transfer, store, or convert patient-specific medical device data from a connected device and therefore are mobile medical apps:
The mobile apps that are not intended for diagnostic image review (and include a persistent on-screen notice, such as “for informational purposes only and not intended for diagnostic use”) are medical image communications device under 21 CFR 892.2020, product code LMB. Non-diagnostic uses could include: image display for multidisciplinary patient management meetings (e.g., rounds) or patient consultation. Medical image communications devices are Class I and do not require FDA 510(k) premarket notification. Possible product code LMD (21 CFR 892.2020) [Added March 12, 2014].
Class I means no 510(k) required. An on screen notice is shown on our apps.
13. AMENDMENTS TO THE OFFERED SERVICE
Wyzzdom reserves the right to amend any information, including but not limited to prices, specifications and product offerings, without prior notice.
15. THE ENTIRE AGREEMENT
17. GOVERNING LAW
23. WAIVER AND SEVERABILITY
The Services may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Wyzzdom of any third-party website or the content thereof. Wyzzdom does not operate any third-party website linked to the Services and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website or the content thereof including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
While Wyzzdom encourages links to the Site and App, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the Wyzzdom, or (ii) any website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Wyzzdom reserves the right to prohibit or refuse to accept any link to the Site or App, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site or App upon the request of Wyzzdom.
Users must not use the “Contact Us” form as a means of communication (i) regarding questions or issues of a medical or dental nature; (ii) to establish dentist/patient relationships; or (iii) for inquiries regarding fees, services or similar matters. E-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact Wyzzdom or a Provider regarding medical questions or issues or with regard to accounts or other questions please do so in the manner set out in the Software. 
Wyzzdom uses HIPAA certified encryption software. No system however can guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Your information will be transmitted over a medium that is beyond our control. You therefore solely assume the risk of unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information submitted as part of your second opinion request. Your medical information will be treated as confidential and protected using HIPAA certified software.
Last Updated: April 28, 2018
 To discuss – will you be storing the pictures / have access to the messages? If the Wyzzdom platform is merely transmitting information between dentists & users, Wyzzdom can avoid HIPAA. Can Wyzzdom see the data going between dentists and users? Does Wyzzdom store the data in a way that it can be accessed by Wyzzdom? Is data encrypted? Does Wyzzdom have the encryption key? How does Wyzzdom wall off payment data and passively-collected data (such as location) from a user’s dental data?
Also, does Wyzzdom have a policy for selecting dentists to participate in the services? If so, we should disclose that policy to Users.
 To discuss- If Wyzzdom is making recommendations about the dentists, it can potentially be liable for errors by those dentists.
 What is the arrangement between Wyzzdom and the dentists?Are the dentists independent contractors? If so, there shouldn’t be anything about Wyzzdom overseeing the way dentists provide the Services.
 To discuss / confirm – the website and marketing materials should be consistent with this for this disclaimer to be effective.
 If you do not plan on storing patient/HIPAA information, it will be important to clearly segregate these requests from any patient information. To discuss
 Is this accurate/current? It does not match the website as of today.
We also need to discuss the payment mechanics between Wyzzdom and dentists. Do dentists pay a fee for access to the app or have you set a breakdown of the fees coming from users and being distributed to Wyzzdom and the dentists? Are the dentists aware of other marketing/advertising issues we need to avoid?
 To discuss.
 Please explain why this location information is necessary.
 To discuss; how will you know if there is identifying information? What will happen with submissions that do contain identifiable information?
 What is that communication?